15-07-2016 8:28 PM
15-07-2016 9:01 PM
15-07-2016 9:41 PM
15-07-2016 10:25 PM
You can have implied terms in a contract that are not in writing. For example legal obligations or where certain terms are a matter of custom with a particular type of contract, if it were that the landlord retaining use of an attic was standard practice in rental agreements.
However that is not the case so if it's not included in the rental agreement, it doesn't exist.
Every so often you come across landlords who don't seem to realise what renting out a property actually means.
16-07-2016 12:14 AM
True.... But the agent should!!! I think they are hoping they won't kick up a stink... Well... They are wrong on that count!!! No point going in all guns blazing...shall smile sweetly and remind them of the legal position!!! I might have a word with my agent as she is red hot on protocol and contracts!!!!
16-07-2016 6:22 AM
Firstly I have no legal training and what follows relates to leasehold flats in a converted Victorian house I lived in. So may be relevant if the landlord leases the house.
The house had three flats, ground floor (mine) with access to garden. Middle, with access to balcony and top flat with access to attic.
After several years new tenants in the middle flat, which was rented out by the leaseholder, decided that they wanted access to the garden to hang out washing. Fortunately I had insisted that my lease specified that I had sole use of the garden. When I spoke to the other leaseholders there was nothing in the other leases about use of the attic or balcony. We sorted this out when we bought the Freehold.
My point is that if your daughters landlord leases the house there may be something in his lease which gives him access and use of the attic. If that is so I would have thought it should also be in the tenancy agreement.
16-07-2016 12:32 PM
All I can add is that the inventory is just that - an inventory of what is in the property that belongs to the landlord and the condition, which I'm sure you operate.
eg, if there is a hole in a door, or damage to a kitchen work surface.
This is something that should be gone through in person by the agent with the tenants and agreed immediately before they move in precisely because the tenants may want to question something.
So they cannot include a locked area as part of the agreement onto an inventory because the tenants have no idea of what is stored there and cannot be held responsible for.
Stating that they were "told" carries no weight because as they can say, they were not told and so they could argue that they had the right to force the attic hatch open as they thought they had the right of access. They may not want to be doing anything like that, but equally, if this was not mentioned in the tenancy agreement so they may well have the right to force the latch as long as they make good any damage.
How do they know if's the landlord's stuff up there anyway and not something the agent is responsible for?
Is there a water tank up there - eg mains tank, old CH overflow tank? If so, they need access should there be any leaks or water damage.
You could also have a word with the local Fire Brigade which should do free checks on fire safety and see what they have to say about a locked area which the tenants have no access to and no idea of what is stored there.
16-07-2016 10:15 PM
If the landlord or agent has something in a locked room you should ask to see what it is...... what if there was a drug fractoryor guns behind locked doors ,you are the one who the Police will take away as its your house. The agent or landlord can say they no nothing about any locked door and you must have put a lock on it. if it was me i would want to know whats in the house im renting, if they say no go to the Police and ask them what to do.