L retains locked room loft or cupboard- problems

[Rebecca]

I have a large (about 2m x 2m) cupboard / small room (without a window) in which I'm planning to leave some of my stuff - TVs, DVD player, books, CDs etc, and lock up when I let my flat. Does anyone know if this is allowed?
Thanks again!

[Dan]

I can't say that it sounds ever so sensible. I think that, even if you are allowed to leave your stuff, you won't be able to get free access to it once the flat is let.

[missel]

Hi rebecca

Why don't talk to your tenants and make it clear that it is your staff.
Be nice and openminded to them and you should have no probs

cheers jh

[Dan]

Rebecca,

If you look through the archives of this site you will find no end of posts from LLs where everything started off nice and friendly at the begining of a let, only to turn nasty later on. Even lets with friends, relatives and partners. The LL is left wishing that they had formalised everything rather than relying upon goodwill. BE VERY CAREFUL!

[davidjohnbutton]

Perverse I know - but I wonder if anyone has had the opposite of the above - where they took on a seemingly tenant from hell and yet everything went like clockwork and they were tenants from heaven?

We always seem to hear of problems on this forum and its predecessor - but there must be landlords and tenants out there who really get on.

Any offers??

[MrWoof]

Not a seeming tenant from hell but certainly iffy, single mother, pregnant, leaving home because of arguments, unemployed. Taken on by my (ex) agent. Turned out to be fabulous, went to see her when I sacked the agent and the place is a palace. There are bound to be more moans than anything else here but none of us would be in this game if it weren't for the fact that the vast majority of tenants are good

[boredbird]

Hi
CAn you tell, if i rent out my property, can i put a lock on the loft and store some belongings in it, boxes of kitchen equipment, spare tiles etc?

[Poppy]

You can exclude such areas as the loft, garden, side access, dungeon from a tenancy agreement. Just make sure it is clear on the agreement what the tenants do and do not have access to. Before tenants move in get their specific written acknowledgement of the exclusion.

[pms]

You can exclude such areas as the loft, garden, side access, dungeon from a tenancy agreement. Just make sure it is clear on the agreement what the tenants do and do not have access to. Before tenants move in get their specific written acknowledgement of the exclusion.

I would tend to disagree with you there poppy.If you are renting out a property the loft could be construed as part of the property if it is a house or a top floor flat.If as you suggest parts of a property exclude certain area's then the tenant could say that the tenancy agreement is unfair you cannot be selective on what constitutes part of the property and which is not.I suggest reading the HA(1988) or HA(1996) which defines the definition of the word property.

[Energise]

If as you suggest parts of a property exclude certain area's then the tenant could say that the tenancy agreement is unfair you cannot be selective on what constitutes part of the property and which is not.

That would rule out the existence of HMOs.

[pms]

That would rule out the existence of HMOs.

It was the response I was expecting as the poster did not say what type of property she wanted to let.Obviously it wouldn't apply to HMO'S

[Energise]

It was the response I was expecting as the poster did not say what type of property she wanted to let.Obviously it wouldn't apply to HMO'S


I really cant see why it would make a difference, why in a property of multiple households can I say you are entitled to exclusive use of x and shared use of Y but I cant in a single household property?

[Worldlife]

On our AST we define the address of our ground floor flat (1 of 2 flats in an Edwardian conversion) as "having use of front garden and access through rear garden to rear parking space"

The access and areas concerned are defined as the property within the deeds.

I see no reason why I could not exclude the front garden area (other than access to the front door!) and deny access through the rear garden (owned by the first floor property) and keep the rear parking area for myself or rent it out separately. The parking area is separated from the property by a gated fence and so use of the parking area would not intrude on the privacy of a tenant.

With a loft space I am wondering if the tenant would need access to this in the event of an emergency ( e.g plumbing, electrical or aerial problems) and if it would be right to lock it. For the landlord to have access during the tenancy for storage purposes could intrude on the privacy of the tenant.

That being said there are many holiday lets where the landlord has a locked storage area that is not accessible to the tenant so maybe the AST could also exclude a loft space.

Anyway there has been a bit of a cock up on the conversion of two freehold flats to a shared freehold and two leases. The new lease does not give clearly give the leaseholder of the first floor flat absolute use of the roof space as the leaseholder of the ground floor flat has rights to place and maintain items such storage tanks, plumbing, and television aerials within that space.

The new owner of the first floor flat has sought but has been refused planning consent for a loft conversion. The freeholders or the leaseholder of the ground floor have objected to the proposal on the basis of ancient lights intrusion and issues concerning potential loss of rights under the leases for the loft space use. The work would of course also require Party Wall Act notices etc.

Our position on ancient lights and loft access is open to negotiation.

An afterthought on this concerns safety issues. Surely if there is not a proper and safe access to the loft space an owner should clearly exclude the loft space from the tenancy agreement. The standard of access to meet safety requirements could be rather expensive.

[Energise]

An afterthought on this concerns safety issues. Surely if there is not a proper and safe access to the loft space an owner should clearly exclude the loft space from the tenancy agreement. The standard of access to meet safety requirements could be rather expensive.

Our EHO advised us to padlock our loft hatch for that reason.

[busy_bee101]

my comment comes from a pourly tenant prospective:
what if the tenant needs space to store items? For example we store our suitcases, christmas decorations, cat box etc in the loft of the house we rent. If this was not available, I don't think I would want to rent it. I would also not be very happy that as I as responsible for the property's security that I also have the responsibility for someone elses goods.

[Paul_f]

Locking the trapdoor to prevent access to a loft is fraught with problems especially if you have a water tank in there. It's also more than likely there might be electrical wiring too. If rats/mice/pigeons/squirrels get in there and can't be removed it's just asking for trouble.

Nobody thinks enough about these postential problems and posters just say "yes! it's okay!" I beg to differ.

[Energise]

Locking the trapdoor to prevent access to a loft is fraught with problems especially if you have a water tank in there. It's also more than likely there might be electrical wiring too. If rats/mice/pigeons/squirrels get in there and can't be removed it's just asking for trouble.

Nobody thinks enough about these postential problems and posters just say "yes! it's okay!" I beg to differ.

The landlord having a key to the lock would seem to solve those problems.

[Worldlife]

The landlord having a key to the lock would seem to solve those problems.

Not so sure about that! In the case of an emergency our tenant has contact numbers for 24hr plumbing, drainage and electrical services.

Unless the tenant had a key those services would not be able to carry out essential work if it were in the loft. As landlords we are not available on 24 hr callout to provide the key for access.

As mentioned in my earlier post I too, for these reasons, have reservations about locking the loft. I would re-emphasise that if there is not a safe access, the flooring of the loftspace is not fully boarded and properly illuminated (well that's just a few Safety issues!) the tenants there should have a written advice and/ or notice by the loft stating that the loft access is restricted.

[Energise]

Not so sure about that! In the case of an emergency our tenant has contact numbers for 24hr plumbing, drainage and electrical services.

Our tenants emergency contact is me or my brother.

[yabai]

hi,

i am a new landlord and need some general advice please.

we have rented out a three bedroom terrace to 4 people. i had some stuff in the loft so put a lock on it. the lock wasn't there when the tenants viewed the property and they are now demanding access for storage.

the loft doesn't have a water tank but the agent says i can't lock part of the house as it may be needed for maintenance, they are renting the whole house and they thought they would have access when they looked.

they did sign the contract that says they don't have access to the loft so i'm not sure if the agent is just trying to bend my arm so the tenants are happy.

i have offered to open the loft and let them store stuff and then lock it again but the only other alternative is to clear out the loft and let them have access.

do landlords usually allow loft access?

many thanks,
mark

[Colincbayley]

You can, if you wish, rent the property without access to the loft as long as it is written into the tenancy agreement.

It is your call if you do or not.

The question I would ask myself, 'is it worth losing a tenant over?'

[yabai]

many thanks for the reply. i think it will be easier to clear the stuff and let them have access. not sure if i would leave a house because i couldn't use the loft but i guess it is possible.

thanks,
mark

[Furat]

If they saw it with the loft unlocked, then it makes sense to give it to them.

[Mrs Dingle]

The rafters in the loft space are not normally load bearing.So storage of any kind should be discouraged.Access should be for inspection only.I lock all mine.A year ago I caught a very large rat in one of my loft spaces.It had been running between 4 lofts and its survival was assisted by the presence of stored belongings.So there is a health issue here too. I suggest they get a shed.Does anyone else lock their lofts?

[pcwilkins]

The rafters in the loft space are not normally load bearing.

Mine seem to bear the weight of my roof pretty well...plus the weight of a large water tank!


So storage of any kind should be discouraged.

What's the point of a loft if you can't fill it with junk?

Peter

[Bel]

I do not like letting tenants into lofts for storage because of health and safety (putting a foot through ceiling etc) and write it into contract that stoarge is not allowed and access is emergency/maintenance only.

I think that it should not be locked though, for health and safety reasons too. You could put a seal on it, to see if they have accessed it.

If its in the contract, they should have read it. Silly them.

Whether you clear it out or not is up to you. Do you like them enough?

[Mrs Dingle]

Generally the trusses support the roof covering and these are supported on the load bearing walls. Extra support is normally made for the water tank.Unless it is place over a load bearing area.Ceiling joists are not floor joists.

[bagpuss]

Yet another take on attic/loft space:
I have an HMO and the loft had been converted to a full bedroom with proper stair access, but we can't let it as such because the property would then have 6 bedrooms on 3 floors and we're only licenced for 5 rooms on 2 floors.

The Council HMO lady instructed us to lock the attic/loft room to prevent students from using it as a bedroom. We asked if we could let them use it for storage and she said that was OK as long as no-one was actually living in it.

We do let the students use it for storage as we have no room for a shed and it works fine as they can store of all their suitcases etc. One guy even keeps his VERY expensive racing bike up there!

[Grange]

And of course the students wouldn't dream of sub-letting, or using it as a spare bedroom, would they?

[Colincbayley]

There is a reason for not doing this (it escapes me at the moment).

Lack of air flow will create condensation.

[Mrs Dingle]

I went to a seminar before the new licensing rules came in to force to inform landlords about the new rules.They were very clear that access to a third floor had to be substancially blocked.A lock on the door would not be sufficient.You have been very lucky if the council HMO visitor has allowed you to use this space even if you say its not slept in.There must be other reasons why she allowed this.

[mattlovleand]

As a new landlord, am I allowed to store some of my own personal items in the loft of the house I am letting out? Someone told me I am not allowed to lock the loft, is that correct? Can I leave some suitcases locked up in the loft? Would I be breaching fire regulations? I am thinking of boxes of books and clothes.

[Ericthelobster]

As a new landlord, am I allowed to store some of my own personal items in the loft of the house I am letting out? Someone told me I am not allowed to lock the loft, is that correct? Can I leave some suitcases locked up in the loft? Would I be breaching fire regulations? I am thinking of boxes of books and clothes.Can't see why not, providing you make it clear to any prospective tenants before they sign up that the loft will be locked and not available for their use.

I'm not sure in what respect there might be a fire issue... there's no law which says there has to be an access hatch into the roof space at all, which would be no different to having one that's locked.

[bagpuss]

Our council actually told us to lock our converted loft room to stop students using it as an extra bedroom, so I can't see why you'd have a problem. The loft isn't part of the fire escape route after all.

[TenantsLuvMe]

As a new landlord, am I allowed to store some of my own personal items in the loft of the house I am letting out? Someone told me I am not allowed to lock the loft, is that correct? Can I leave some suitcases locked up in the loft? Would I be breaching fire regulations? I am thinking of boxes of books and clothes.

Why not exclude the loft space as part of their tenancy?

[Ericthelobster]

Why not exclude the loft space as part of their tenancy?Yes, I do so as a matter of course, although my access hatches aren't locked, as the area isn't floored over and the old ceiling joists aren't designed for load bearing. At best I'd end up with cracked plaster on the ceilings.

[Paul_f]

Is there a water or central heating expansion tank in the loft? Say no more if that's the case! An expensive soaking could be the result and a claim for damages in addition to those in the house.

[TenantsLuvMe]

Is there a water or central heating expansion tank in the loft? Say no more if that's the case! An expensive soaking could be the result and a claim for damages in addition to those in the house.

The decaying, decrepit and creaking systems of old Blighty catch us out yet again. We've been a member of Europe since 1973, yet we fail so often to move with the times.

Napoleon is not likely to attack anytime soon, so its safe now to upgrade the UK. with modern facilities.

[WarwickGrad]

Here's an interesting dilemma i'm in:

Have a 3 bed house with a sitting tenent occupying the top floor (living room, bedroom, kitchen and bathroom

I have received planning permission for a loft conversion

Question is can i commence work with the sitting tenent living there?

All comments are welcome, many thanks

[jeffrey]

Here's an interesting dilemma i'm in:

Have a 3 bed house with a sitting tenent occupying the top floor (living room, bedroom, kitchen and bathroom

I have received planning permission for a loft conversion

Question is can i commence work with the sitting tenent living there?

All comments are welcome, many thanks

You as L have covenanted/agreed to let the property with quiet possession.

If what you will be doing leaves T unaffected, you can proceed; if it breaches your obligations, you cannot (unless T authorises).

[WarwickGrad]

thanks jeff

thats a no then, as she's not very co operative

what are my options do you think? maybe i can offer her alternative accomodation for the time the work is being undertaken - she will object to this but can i take legal action to assist my case

i understand sitting tenents have rights - but being the landlord, i should have certain rights too i hope

its quite important as at the moment the rent inst covering the mortgage - and once i convert the loft i can go on and apply for planning for extending the side and back, thereby turning around a losing investment

thanks again

[jeffrey]

Yes, you both have rights. However, yours do not trump hers during the tenancy's existence. If her resistence obstructs your proposals or even makes them impossible, consider terminating her tenancy on expiry (using s.21); does she have an AST and when will its term expire?.

[WarwickGrad]

thats the problem

i bought the house 18 months and she's a sitting tenent and she's been there for 25 years she claims - she says she doesnt have a contact to show me!

[jeffrey]

thats the problem

i bought the house 18 months and she's a sitting tenent and she's been there for 25 years she claims - she says she doesnt have a contact to show me!

2008 - 25 = 1983. So she's still within the Housing Act 1988. However, if there's no Tenancy Agreement in writing (and of course no s.20 Notice before it started), she's probably a Standard Assured Tenant. Are there any Schedule 2 grounds on which you could serve a s.8 Notice?

[housed]

How's she within the Housing Act 1988 if her tenancy started in 1983?

[jeffrey]

How's she within the Housing Act 1988 if her tenancy started in 1983?

If the letting was an old-style Assured Tenancy (Housing Act 1980), it's converted into a new-style SAT. See s.1(3) of 1988 Act.
But I agree that, otherwise, a pre-1989 tenancy is governed by Rent Act 1977 (in its final form) and is not dissimilar from a new-style SAT.

[housed]

Cool ta, don't think i've ever had any tenancies start in the period concerned.

[WarwickGrad]

sorry jeff not clued up on section 8 notices

what grounds could i served a section 8 under?

[House]

If it's a statutory protected tenancy then the grounds for possession are listed here

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=rent+act+&Year=1977&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2645544&ActiveTextDocId=2645845&filesize=3945

If it's an assured tenancy then grounds for possession are listed here

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=housing+act+&Year=1988&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2128236&ActiveTextDocId=2128476&filesize=4438

I can't advise you as to what sort of your tenancy your tenant holds as I haven't had any experience of tenancies granted during the time yours was.

Either way it probably isn't looking to good for you ;)

[mind the gap]

Makes a change. It's usually the builders who hold it up.

[rjshutts]

Hi

I have just entered into a tenancy agreement and have discovered on check-in that I don't have keys to a substantial shed in the back garden. The shed is full of the landlord's 'odds and sods' (tools, bike wheels, general shed stuff). There are no clauses in the tenancy excluding use of the shed, and the definition of the property in the agreement includes outbuildings. I have contacted the agent asking for access, and being a reasonable person, have said I will move his stuff into the loft area. The landlord has so far declined to give access to the shed (I am only able to communicate through the agent). The agent has simply said 'sorry, the landlord wishes to keep the shed for his belongings.' I believe I am within my rights to change the lock on the shed and demand he remove the possessions. I have written a letter to the agent asking that I get access and that I will move the landlords possessions and store them safely. So far I have had no response. What is the general opinion? What should I do next?


Thanks

[Ericthelobster]

I have just entered into a tenancy agreement and have discovered on check-in that I don't have keys to a substantial shed in the back garden. The shed is full of the landlord's 'odds and sods' (tools, bike wheels, general shed stuff). There are no clauses in the tenancy excluding use of the shed, and the definition of the property in the agreement includes outbuildings.If there's no doubt that the outbuildings are indeed this shed, then that seems to me to be pretty unequivocal - you should have the use of it. I would also have thought you could charge the LL reasonable costs for getting the stuff removed and stored, and deduct the cost from your rent payments of need be, providing you give adequate written notice. Anybody agree?

The only drawback is that you'd mark yourself out as a troublemaker and could get asked to move out at the earliest opportunity - so you might want to ask yourself how badly you actually want the shed... did you genuinely think you'd have the use of it when you viewed the property, or are you just wanting to take advantage of the agent's obvious cock-up in forgetting to exclude it from the tenancy agreement? Then again, if you act now to move the stuff and are then a Good Tenant for the next few months it might all blow over.

[Actually, thinking about it and taking the above to its logical conclusion, could it be that the agent is aware he's screwed up and hasn't actually even forwarded your request to the landlord...?]

[rjshutts]

Hi there,

I genuinely thought the shed was included, and was part of the reason I took a rental that had no garage - it is a sizable shed. I thoroughly reviewed the agreement before taking the rental and it is a bog standard agreement - i actually checked for usual exclusions such as pets, sheds, loft etc etc and there are none. On discovering no key and that it was full of stuff, I was pretty annoyed. Not least because I had promised my 7 year old we would put a bench in there and do some woodwork!

I sent an email to the agent stating that I did not want to foster a bad relationship with the LL and that I would like to compromise. I also stated that i did not believe this was the landlord's fault, but rather the agent's in drawing up the agreement. I asked the agent to send my letter to the landlord, as I was really nice in it, and offered to box his stuff in packing cases and store in the boarded loft area. I also asked the agent to confirm the landlord had received my note.

The more I think about it though, the more I think that the agent wouldn't have even spoken to the landlord. Afterall, if they have been letting the house for a few years via this agent, and the shed was not to be included, there would surely be a letter in the file from the LL saying so. What would the agent do now? Phone them up and say 'errr, sorry, but we let your shed by mistake?'....

Do I have a right to speak to the landlord?

I actually think I should just change the lock on the shed store the stuff and see what happens, but I'd rather do things properly. I don't think charging the LL or agent is the way to go, but I think that maybe legal pressure is. When I spoke to the agent today and then said 'oh we didn't know about the shed and the LL says it must remain locked, so we are really sorry...' I replied that 'apologies don't have a place as I have a right to use the shed'. The agent agreed that there are no exclusions in the agreement. I have let my own house as part of moving with a new job, so am a LL myself and really appreciate good tenants. I believe I am genuinely one of those. From what I understand the LL's last tenant trashed the place and it's taken them months to sort the house for re rental.

If I were the landlord, I know what I would do...but has the landlord been told??

[jeffrey]

Do I have a right to speak to the landlord?
...
If I were the landlord, I know what I would do...but has the landlord been told??
Yes, tell L. If Agent is as bad as you say, he might be very pleased to receive direct contact from you.

[Paul_f]

Don't forget if you make a written request to the agent for the landlord's name & address they must provide it within 21 days or they are committing a criminal offence.

[rjshutts]

Don't forget if you make a written request to the agent for the landlord's name & address they must provide it within 21 days or they are committing a criminal offence.

Thanks - I didn't know that. My next question was going to be how do I get the address of the LL as it's just c/o the agent in the agreement

[Ericthelobster]

Thanks - I didn't know that. My next question was going to be how do I get the address of the LL as it's just c/o the agent in the agreementLet us know how you get on!

[jeffrey]

How do I get the address of the LL as it's just c/o the agent in the agreement
Serve Notice on Agent, under s.1 of LTA 1985. Agent's failure to reply would be a CRIMINAL offence.

[Paragon]

I would be careful about removing items - just in case something of value goes missing and someone decides that it was your doing or at least your fault.

[rjshutts]

Do you think I am being unreasonable in my request for access to the shed? Am i being reasonable in offering to store the landlord's items in the loft?
Do you think it therefore reasonable that I ensure that the landlord actually does receive my request/offer by request his name/address?

I don't want to wind the landlord up. Thanks everyone, by the way

[mind the gap]

Do you think I am being unreasonable in my request for access to the shed? Am i being reasonable in offering to store the landlord's items in the loft?
Do you think it therefore reasonable that I ensure that the landlord actually does receive my request/offer by request his name/address?

I don't want to wind the landlord up. Thanks everyone, by the way

Personally, no, I don't think you are being unreasonable.

If the shed wasn't excluded from the TA, you should be able to use it. You have suggested a compromise whereby the LL gets his stuff moved and stored in a dry place for free - he cannot expect you to pay rent for a property, then store his stuff in part of it.

Demand his address - inform him politely in writing of the problem and your your proposed solution - suggest he contacts you to discuss it. If he fails to do, so write again and say when you propose to move his stuff into the loft. (As far as being accused of losing his stuff goes, I cannot see how he could prove that anything was there in the first place. It would surely be his word against yours?)

You sound like a good tenant and he would be cutting off his nose to spite his face if he were awkward about it.

Good luck. Hope the woodwork is fun.

[southerner]

My landlord has left the loft eaves storage locked and apparently full of their possessions. What are my rights as tenant and am I being unreasonable asking them to clear it out?

When we moved in we found the storage areas in the converted loft padlocked. There had been no mention from the agent, it is not excluded in the contract (which is a common law tenancy with standard terms) nor mentioned in the inventory. We did ask not ask when we looked round but the previous tenants still had stuff everywhere so the locks were not obvious. Bottom line is that we have a room full of boxes still from the removal and I don't see why we should pay for storage or effectively lose the use of the spare bedroom when I am already paying a good market rate for the place. And I find I don't feel that comfortable having a loft full of someone else's stuff - who is responsible eg. if there is a burglary?

As it happens I am also a landlord in my hometown and I did leave some things in the loft. But I was sure to get the agent to tell the tenants up front and if they objected I feel I would clear it out.

The landlord was a bit shirty when I raised informally a few weeks after we moved in and I am wondering how far to push. I do not want bad relations and they live overseas so there are practical problems. But they have been difficult over a few other things so not feeling that charitable either. What do people think?

[Mars Mug]

Do you know there’s stuff in the loft? If the loft isn’t boarded then it probably wouldn’t be safe for the landlord to allow a tenant to put stuff up there.

Here's an old related thread;

http://www.landlordzone.co.uk/forums/showthread.php?t=6851

[mind the gap]

Suggestion 1 :

Insist you are given the key to access the loft, (perhaps in agent's presence, so you cannot be accused of disturbing LL's things). Then you can see for yourself whether it is boarded and therefore suitable for storage purposes or not. If it is full of LL's stuff, that would suggest it is suitable and as it is not excluded from the TA, you should be able to access it and use it yourself. I know how irritating it is to have boxes of stuff everywhere. I love the comment on the other thread about what's the point of a loft if you can't fill it with junk... and if it's going to be anyone's junk, it should be yours, not his!

Persuading the LL to remove his stuff may not be easy, however, and there are a lot of rather dull rules about what you can and can't do with other people's stuff, even if it is cluttering up your home. Those rules have been aired on various threads on this site - have a dig on 'storage of possessions' or something like that. Depends on how long you plan to stay, how much stuff you have and how badly you want to store it, how much you want to get into a fight about it, etc. I would be minded to ask him (via agent, if agent is managing the property), to remove his stuff or you will be obliged to put it into safe storage and deduct the cost of transport and storage, from your rent. The lawyers on this forum may have a view on this, (I'm sure they'll tell us it!), but it may spur him into action!

Suggestion 2

If it turns out to be empty, and/or is not boarded, I think you have to assume that it is unsuitable, for all the reasons mentioned in Mars Mug's link. In that case, you will have no option but :

(i) to get rid of some of your junk. It means being ruthless, but it can be very therapeutic, (as I discovered recently when I cleared out our loft. It's like a lifestyle enema. Nobody needs six boxes of possibly non-functioning Scalextrix, or every single school exercise book their child has ever used).

(ii) to pay for it to be stored, if you really cannot bear to be parted from it.

Good luck, whichever way it turns out.

[Mars Mug]

I have my loft part boarded, but have been keeping loads of stuff up there. After some consideration though I have come to the conclusion that I am actually using it as a rubbish dump, anything of value I have I would not keep up there.

I’ve seen a couple of loft fires over the past few years and having lots of stuff in a loft can be a real danger, especially where there are exposed lighting cables. A loft fire where there are lots of stored items can be very difficult to put out and the fire brigade will often break through the roof to try to put it out.

This doesn’t really answer the original question but I just want to point out another possible risk of loft storage.

I think the presence of a lock (or not) on viewing may be a sticking point.

[southerner]

Thanks. It's boarded (more like fitted cupboards in the eaves as the loft is converted) and it's full of the landlord's stuff. The Landlord is managing the property themselves and says I should have raised it before signing the agreement......even though there is nothing about it in the agreement.

[Mrs Jones]

When I first let my house, I left some personal property in the loft which was locked. It was made clear to my tenants that this storage space was not available to them prior to them moving in. Regarding insurance - I always have a level of contents cover on my properties which would have covered these items.

There are all sorts of implications regarding goods stored in a loft - the one already highlighted about fire danger, and also possible damage to ceilings if someone slips in an unboarded area, not to mention the dangers and implications involved of accessing a loft which does not have a loft ladder. I would actually not be happy about tenants storing goods in the loft anyway so would always exclude this space from the tenancy.

[Mogin]

My landlord has left the loft eaves storage locked and apparently full of their possessions. What are my rights as tenant and am I being unreasonable asking them to clear it out?

When we moved in we found the storage areas in the converted loft padlocked. There had been no mention from the agent, it is not excluded in the contract (which is a common law tenancy with standard terms) nor mentioned in the inventory. We did ask not ask when we looked round but the previous tenants still had stuff everywhere so the locks were not obvious. Bottom line is that we have a room full of boxes still from the removal and I don't see why we should pay for storage or effectively lose the use of the spare bedroom when I am already paying a good market rate for the place. And I find I don't feel that comfortable having a loft full of someone else's stuff - who is responsible eg. if there is a burglary?

As it happens I am also a landlord in my hometown and I did leave some things in the loft. But I was sure to get the agent to tell the tenants up front and if they objected I feel I would clear it out.

The landlord was a bit shirty when I raised informally a few weeks after we moved in and I am wondering how far to push. I do not want bad relations and they live overseas so there are practical problems. But they have been difficult over a few other things so not feeling that charitable either. What do people think?

The Landlord would have known that they have their possessions in the loft and to not mention it to the incoming tenant nor the letting agent is not very good way to start relations off.
The line of "well, you didn't ask me about this so I didn't tell you/mention it", is a pithy and disingenuous reply.

Given this and their responses to your so far, I doubt that they are decent people and so trying to appeal to them won't get you anywhere.

I think you have to approach things from a legal/contract basis and not a friendly informal basis. But you have to decide how much you like the property versus how much you need the storage space in the loft, which in my book, is technically your space to use.

[Bel]

Try calling consumer direct; unless the agent or LL told you before, you would expect to be able to have loft storage.

I don't think that you could reasonably expect the LL to get rid of his stuff as he is abroad, but this non-disclosure may allow you to negotiate a rent decrease that would allow you pay for self store elsewhere.

Remember you are the consumer and the LL is a business, and should conduct himself as a reputable business.

Post back what they say.

[jeffrey]

Unless L explicitly excluded the loft (in the Tenancy Agreement's definition of the Premises), the whole property- including the loft- was let.
That being so, L is in breach by not giving T possession of all of it inc. the loft.

[Mogin]

I don't think that you could reasonably expect the LL to get rid of his stuff as he is abroad

Why not?
What has him being overseas got to do with the loft being cleared?
The LL should have thought of this potential problem before stuffing the loft with his stuff and not saying anything to anyone about it.

Its the landlord's problem now, in my view.

[Mars Mug]

Why not?
What has him being overseas got to do with the loft being cleared?
The LL should have thought of this potential problem before stuffing the loft with his stuff and not saying anything to anyone about it.

Its the landlord's problem now, in my view.

There might be a difference between expectations and practicalities; the second part of Bel’s sentence which you didn’t quote suggests a possible course of action.

[Telometer]

Lofts are not DESIGNED for storing things. They are designed as a gap between the ceiling of the top floor and the pitched roof.

If I were L, I would not want my T putting potentially heavy things in a loft.

[Bel]

There might be a difference between expectations and practicalities; the second part of Bel’s sentence which you didn’t quote suggests a possible course of action.

Yes; looking at practicalities.

If the LL refuses to move his stuff (as he is abroad, the most likely course of action), the tenant is probably not entitled to remove the goods either, unless he is prepared to pay for them to be removed and stored safely at his own expense.

Hence negotiation on rent a more practical option.

Also it may be agents error that the loft clause was not put into agreement.

[jeffrey]

It may be agents' error that the loft clause was not put into agreement.
True. However, L is the party who (thanks to the Agents' error):
a. was bound contractually to give vacant possession to T; but
b. failed to give it in respect of the loft.

[Wishfulthinking]

We have a company let for our house. We were allowed to store our personal items in the loft as long as we left a key and it was secure. The ey was only to be left for emergency reasons, such as damage to the roof or water tank etc. We have just heard that our tenants have moved out. Our agent has inspected the loft and found it to have the locks broken and our contents tampered with. We are not sure if anything is missing at the moment. We have contacted the police who have asked for a statement.

We are not insured under our household insurance and our other policy for landlords says that we are not covered as it could be classed as malicious damage and not accidental.

We are not sure who is responsible if there is anything missing or any damage that may have been caused.

Is it the company letting the house or the tenant.

Is there anything we can do.

[Paul_f]

Your tenant (the company) if anyone, is responsible as the occupant is not your tenant. The occupant has no legal liability to you if you think about it, only to the tenant.

[Wishfulthinking]

The problem is, is that we were told we could store the items in the loft as long as we left it locked and secured. This we did.

There is no official inventory of items left in the loft. It is based on what we say.

We were told access had been gained in September, but everything looked alright. I can assume that they did not check in the loft at this time, as the other day, they only just asked if there were any ladders to gain entry?

Who would be responsible for anything missing without an official inventory if anything was found to be missing. I did manage to send a basic list of items in the loft before I received the any other information from the agent as to what they found.

The bond has already been witheld for the damage to the rest of the property and this is actually not enough to cover it all and we are most certainly going to be out of pocket anyway.

There has been no contact from the company letting from us with regards to any damage or other matters to-date to ourselves.

[Ericthelobster]

There is no official inventory of items left in the loft. It is based on what we say.Well isn't the most important thing to establish whether or not any of your stuff actually has been nicked? If not, then your problem is limited to the relatively trivial matter of a tampered-with lock and not worth pursuing further.

I don't see how you can expect the agents, police, or the ex-tenants for that matter, to entertain any grievance you may have if you aren't able to say whether anything's missing or damaged.

[Wishfulthinking]

We can give a list of definate things that were left in the property.

I also gave an accurate description of the loft and how it was left.

The agent told us in September that the locks had been removed. We asked how everythign was and we were told "everything looks ok" We assumed the agent had been in the loft and examined it and its condition.

We have now been told again the locks have been removed and they have now taken pictures of the state it has been left. There are our things everywhere, all out the of the boxes they were left in and it is in a real mess.

We are now doubting if the agent ever re-secured the lock after they noticed it was open in September.

Should my agent have made it secure for us after they noticed it open in Spetember?

They knew all along how important security was as we left them the keys to the locked loft and told them that no entry was allowed unless in an emergency and the tenant asked for the keys. No emergency ever happened as nothing was ever reported for us to fix. We always kept asking if the alarm was on and the windows locked for security so they knew that this was important to us.

[Paul_f]

We can give a list of definate things that were left in the property.

I also gave an accurate description of the loft and how it was left.Anything in writing to prove this and possibly some photos?


The agent told us in September that the locks had been removed. We asked how everythign was and we were told "everything looks ok" We assumed the agent had been in the loft and examined it and its condition. I wouldn't expect an agent to have to climb into a loft on H & S grounds.

We have now been told again the locks have been removed and they have now taken pictures of the state it has been left. There are our things everywhere, all out the of the boxes they were left in and it is in a real mess. It quite probably is unfortunately.


We are now doubting if the agent ever re-secured the lock after they noticed it was open in September
Should my agent have made it secure for us after they noticed it open in September? . He could have contacted a contractor and passed on the cost.


They knew all along how important security was as we left them the keys to the locked loft and told them that no entry was allowed unless in an emergency and the tenant asked for the keys. No emergency ever happened as nothing was ever reported for us to fix. We always kept asking if the alarm was on and the windows locked for security so they knew that this was important to us.[/QUOTE]

[Cathroc]

Property concerned is unoccupied at present and undergoing work in preparation for a new T. Previously, the loft was partly boarded so I left there a step ladder for T's use. Now that there is an extra 200mm layer of insulation up there and I'm not going to the expense of fitting a raised floor in there, have I a right to say the T's cannot use it? Also, how would I word it in the TA? T will have two decent sized sheds in the garden to make use of though I know it's not the same. I previously provided a step ladder so T's could access loft, so would it be okay for me to remove them altogether ?

[Lawcruncher]

You simply exclude the loft from the tenancy.

[Lexy]

Hi

I let a property with a loft that was subject to a fairly bad loft conversion (prior to me owning it, I hasten to add!). I don't want tenants using it in case anyone injures themselves and tries to sue me. So, when I show prospective tenants around I tell them that this doesn't form part of the tenancy agreement so no-one is disappointed. Then I keep it locked, so they can't use it.

I don't have my tenancy agreement with me at the moment, but I'll try and dig it out so I can find the wording I used. I think mainly it's about expectation management though.

[Cathroc]

So safe to remove the ladder altogether ?

[mind the gap]

So safe to remove the ladder altogether ?

Safe because safer.

[Cathroc]

Yeah, it's right at the top of the stairs !

[smithhdd]

Could someone help.

I have a three bed house in camden with det. garage. My new tenant (1month into 6month agreement AST) is demanding access to the loft area and garage.

The garage is specifically excluded in the contract (so I am told by the agent) however the loft isnt, despite the question being asked and my refusal

Both are locked shut at present.

The agent has advised that there is nothing I can do to stop them breaking off the locks and using the loft/garage as they see fit.

Both contain my stuff.

The claim is they have a right to access these, is that the same as being able to use them for storage or whatever?

[justaboutsane]

if the garage is excluded in the agreement then it is excluded, The tenants should have read the contract and the agent should have made it very clear to them.

The loft is another story. It could be argued that as it is not expressed in the AST then it is included... but if the locks were in place and the question was asked and given a no then you could argue to keep it excluded.

[Bel]

See this thread

http://www.landlordzone.co.uk/forums/showthread.php?t=10431

[smithhdd]

thanks for the help.

my issue is, if the contract does not cover the loft, what is the position. I need a new contract I would assume.

If not do they have the right to break into these areas and use them, which is what I am being told.

Also, if the contract then states these areas are exlcuded, is this legally binding? As i am also being told it that even with a contract you cant really stop them.

If they rent a whole house, they have a right of access to everywhere

[jeffrey]

thanks for the help.

my issue is, if the contract does not cover the loft, what is the position. I need a new contract I would assume.

If not do they have the right to break into these areas and use them, which is what I am being told.

Also, if the contract then states these areas are exlcuded, is this legally binding? As i am also being told it that even with a contract you cant really stop them.

If they rent a whole house, they have a right of access to everywhere
It's your last sentence which hits the nail on the head. A letting relates to L's entire property EXCEPT any parts explicitly excluded.
Yes, L can validly exclude parts [e.g. the loft, in your situation], despite what the man in the pub told you.

[smithhdd]

Thanks again for the prompt reply. So I am clear on the garage.

However, I think the agent has missed stating the loft if excluded, although it has been clealry locked for numerous years.

Does the tenant have the right to break the locks off and use the space

[jeffrey]

(Sigh) Again: if it's not excluded, it's included (even if locked).

[Giggy]

Hi all,

I'm needing a little advice. The situation is this:

I rent a house through an agency. When I first viewed the house, I noted that there is a locked room (well, walk-in wardrobe really) and I asked iof this could be unlocked as i'd like to use the storage. The agent discussed with LL and they said that they would open it asap. Ihad envisoned that this would be done prior to moving in, but it wasn't. The agent explains that it's difficult for LL due to her living in London and having no transport. I then suggested that she send me the key and I would put her stuff in waterproof bagging and store it in the cellar. She said NO WAY. Apparently the stuff in there is "highly personal"... now, deceased ex-husband/bondage gear or what, I do not care and i repeated this to the LL. Now she is saying that she may be months before she can get to open the door and that I am "not to touch it under any circumstances".

Whilst I see her problems with transport, there is nothing in my contract that denies me access of any part of the house and i feel that I cannot move in properly until I can de-bunk the last lot of stuff stacked up by the door.

I have been very pleasant in my dealings up until now, but am getting frsutrated and before I get my moxie on, I wanted to check out if anyone knows what the law might say on this. Do I have right to give her notice that I will open said cupboard by X date? Is this not also a possible fire risk? The 'secret stash' could be semtex for all I know!!

Many thanks in advance!

[Preston]

Hi

What does your tenancy agreement say about what you have actually rented? For example, does it describe the whole premises as the rented property, or does it refer to part of a building, etc?

[Giggy]

Hi Preston,

There are no exlusions listed on the agreement. I rent the whole property and gardens/outbuildings etc.

[teeps]

then you are within your rights to use the cupboard/wardrobe.write to L and tell them you intend to do this and that they must make arrangements to collect their stuff, you have no obligation to store anything for the L but you should follow the correct procedure and not dump or destroy the items.

[Giggy]

Hi Teeps,

Thanks for that. Do I need to give a set notice? I don't want this to get messy. I'd figure a month is more than fair, no?

[Lawcruncher]

If you are feeling bolshie write as follows:

[Address of property]

When I viewed the above property the walk-in wardrobe was locked. Upon enquiry I was assured that it would be unlocked and the space made available. I rented the premises relying on that assurance. Quite apart from that, the wardrobe is not excluded from the letting nor have you reserved any rights over it.

I fully expected that on taking up occupation I would find the wardrobe cleared and the key left. Not only was that not the case, but it is now [insert period] since the tenancy began. Given that the wardrobe should have been cleared before I moved in, I believe I have up to now been very patient. The fact that you may find it inconvenient to call and clear the wardrobe is an insufficient reason to allow this unsatisfactory state of affairs to continue.

There is no doubt that in law I am entitled to use every part of the property. Accordingly, whilst there is no obligation on me to do so, I give you seven days notice to call and clear the wardrobe. If you fail to do so I shall employ a locksmith to open the wardrobe and claim the cost from you. Once the wardrobe is open I shall remove the contents and store them in the cellar where they will remain at your risk. You may collect the items upon giving reasonable notice.

[teeps]

A letter like this should do the trick!If you do remove the stuff pack it in waterproof containers in the cellar so L cannot blame you for any damage if he fails to arrange collection in a reasonable amount of time.

[Giggy]

Hi Lawcruncher,

You got MOXIE! I like it. Thanks for the advice. I shall put pen to paper now :-D

[Ericthelobster]

If you are feeling bolshie write as follows:

Hmm... yes, but I'd suggest that line of attack might best be reserved as a last resort! I think it could probably be what you describe as 'getting your moxie on'.

It will really sour relations with the LL if you do put the boot in, and that will likely affect your dealings with her for your entire tenancy (which might even be shortlived as a result, who knows?), so much better to resolve amicably if you possibly can.

Using the info you've now learned here that you are well within your rights to request access to the cupboard, I would write politely yet assertively pointing out this information, and give her what you would consider a reasonable timeframe for her to come and remove the stuff. LC's para 1 works fine but I'd tone down the rest a bit... for now!

[Lawcruncher]

I did say if the OP was feeling bolshie! In any dispute there comes a point where, if you do not want it dragging on, you either have to give in or grasp the nettle and show you are not to be trifled with. That is a judgement the OP has to make and no doubt s/he will take into account the possibility of souring the future landlord/ tenant relationship.

I had to google "moxie" and found this: http://en.wikipedia.org/wiki/Moxie#In_common_language

[Giggy]

Heh,

Thanks all. I've drafted the letter, but have given them a month. think that's fair, as Lawcruncher and Ericthelobster point out, I don't want things to sour.

Many, big thanks for all the advice!

[banjo]

Hello Has anyone ever rented, as tenant or landlord, a place where one room has been kept locked (to be used as private storage by the landlord)?

We're about to move to another part of the country, have found somewhere we'd like to rent with the proviso from the landlord that she keeps one room locked and out of use from tenants.

Not having the use of that room wouldn't be a problem however I'm concerned in case it might lead to any sort of problem in the future such as any suggestion of the door being tried etc. Maybes I'm being over-careful but can anyone see any pitfalls in this arrangement?

[thesaint]

Is the property rented out on a room basis?

[AardvarkFan]

If you are renting a whole home, I would look for one elsewhere.
This LL is unlikely to change their behaviour or arrangements just for you, without consideration.

[Snorkerz]

If the LL keeps one room, they will have to access it through the areas that you have exclusive occupation of.
You have a right to refuse this access. If you don't refuse the access, it may become very tiresome. Either wa, this will not be a tenancy made in heaven.

[banjo]

Hi and no it's a detached house, only let to us (two of us). The grounds, garage and all other areas/rooms in the house would all be ours to use with the room in question being a third bedroom which we don't need.

This house was the landlord's home and their idea is to keep their private things/some furniture locked away. I'm OK with their doing this but want to prevent any possible problems in future - I've spent too long reading this forum not to understand that funny things can and will happen !

What if the landlord comes back and says 'hey this door has been 'tampered' with etc. From our side we're not bothered by this room, don't need it or want it - the hosue is still worth having and from the landlord's side I don't think, knowing the little that I do know about them, there should be a problem but you never know.

[AardvarkFan]

If you are determined to have this house, I would recommend that you properly define clear & acceptable (to you) landlady access to this room, which means the LLs entry into your property.

Things to think about:
1. Do you require that you supervise the landlady when she is in your home?
2. How long can she be there for?
3. How often can she visit?
4. Can she come in when you are not there?
5. Can she bring someone else or more than one person with her?
6. When she comes for access to this room, is she permitted to use the visit for anything else?

If you don't do go through all these aspects together and then with the landlady, you may find the landlady "popping round" when you don't want them to and then things can turn frosty and iffy between you, or worse.

Make sure you get her to sign a document detailing your agreement, or it might be better if it is included in the tenancy agreement?

[Lawcruncher]

There is nothing to prevent a landlord excluding part of a building from a tenancy. If he reserves a right of access to it I am having difficulty seeing how that access can be denied. More than anything it smacks of pennypinching.

[Mrs J]

This is not a big deal and I expect there are lots of people who have a shed, garage, loft or box room that the landlord has said they want kept locked for storing their things. Some people do like to make a mountain out of a molehill don't they!

[AardvarkFan]

I'm just trying to prevent molehills from becoming mountains.

[Snorkerz]

There is nothing to prevent a landlord excluding part of a building from a tenancy. understood
If he reserves a right of access to it I am having difficulty seeing how that access can be denied. Surely, this is incompatible with the idea of exclusive occupancy?

[GillsMan]

This is not a big deal and I expect there are lots of people who have a shed, garage, loft or box room that the landlord has said they want kept locked for storing their things. Some people do like to make a mountain out of a molehill don't they!

Er, there's no molehills being turned into mountains here. OP is asking perfectly reasonable questions to ensure he/she knows what they are getting into. Perfectly sensible.

Personally, I'd walk away. I'd take the view that if I'm going to pay a sizeable chunk to a landlord, then I want access to the whole property inside the boundaries of the house. If it was a garage, shed or external building, I'd be OK, but I wouldn't want them locking me out of a part of my own house, but that's just me.

[Mrs J]

Er, there's no molehills being turned into mountains here. OP is asking perfectly reasonable questions to ensure he/she knows what they are getting into. Perfectly sensible.

Personally, I'd walk away. I'd take the view that if I'm going to pay a sizeable chunk to a landlord, then I want access to the whole property inside the boundaries of the house. If it was a garage, shed or external building, I'd be OK, but I wouldn't want them locking me out of a part of my own house, but that's just me.

I wasn't actually talking about the OP, and they have already said that it isn't a problem to them and the house is still worth renting with this condition attached. However, given the advice they are getting - which in my opinion is turning a molehill into a mountain - they may well decide not to go ahead...I think that is a shame really.

[Snorkerz]

I wasn't actually talking about the OP, and they have already said that it isn't a problem to them and the house is still worth renting with this condition attached. However, given the advice they are getting - which in my opinion is turning a molehill into a mountain - they may well decide not to go ahead...I think that is a shame really.Mrs J - I noted on another thread your observation that LLZ members were a little abrasive to you when you first joined the forum. That is a shame, but I suspect your own opinions are getting in the way of the fact that others may have equally valid opinions.

[Lawcruncher]

Surely, this is incompatible with the idea of exclusive occupancy?

No more than a right of way over a drive.

[jjlandlord]

With this arrangement it seems that the landlord is trying to rent his 3 bedroom house for the price of a 2 bedroom house in order to store some, presumably not that useful, stuff...

If the arrangement is fine with the OP, one thing I would check is the council tax band of the property: It might be banded higher than other regular 2 bedroom houses. If so it might be worth negociating that the total cost (rent + council tax) should be aligned with other 2 bedroom houses in the area.
The same might apply to water charges if there is no meter.


Surely, this is incompatible with the idea of exclusive occupancy?

I'm thinking this should be akin clauses allowing access for viewings and all that was discussed about them.

[midlandslandlord]

Have you considered renegotiating such that they get the garage instead, as that can be accessed separately?

If you check the adverse consequences of L keeping a room, it may help your negotiation, eg will they be liable for part of Council Tax?

As an L this is something I might consider for reasons of having a right to/excuse for occasional access which would be useful in case of problems (eg if T does a Stonewall I'd be concerned about emergencies not visible from outside the property during the 3-4 months it would take to regain the property), or to store things safely without removal costs if T wanted unfurnished let.

As a potential T I once viewed a property where L was planning to keep a padlocked closet to leave stuff while he went travelling for 6 months.

ML

[Snorkerz]

So, is this the same as a contract clause giving the landlord the right to carry out inspections if 24 hours notice is given - ie can only be enforced with a court order?

[Lawcruncher]

I'm thinking this should be akin clauses allowing access for viewings and all that was discussed about them.

It just looks like it.

[DrunkenJedi]

one thing I would check is the council tax band of the property: It might be banded higher than other regular 2 bedroom houses. If so it might be worth negociating that the total cost (rent + council tax) should be aligned with other 2 bedroom houses in the area.

Council tax is not assessed on number of bedrooms and given the range of the original bands, I doubt that there would be much if any difference between a 2 bed and a 3 bed.

[jjlandlord]

Council tax is not assessed on number of bedrooms and given the range of the original bands, I doubt that there would be much if any difference between a 2 bed and a 3 bed.

Yes, that's why I said "might" ;)
Still worth a quick check.

[DrunkenJedi]

Yes, that's why I said "might" ;)

..and why I said I doubt.

[banjo]

Thanks. I know the council tax band, can't compare it because all houses in the street are different size & type and property is on a water meter. The landlord has another property that they live in full-time (so I suppose now, seeing as we do want the house - and we may only live there for 6 months if we do find a house we like enough to buy) is to confirm and get into the AST access rights - if any. Certainly don't want anyone wandering in without warning!

[Moderator1]

Several largely similar questions on separate threads have been merged into this thread (hence the repetitive nature of answers).

[Brb]

I wouldn't mind LL storing stuff in spare bedroom because at the end of the day I would imagine you would be paying for 2 bed property but in a detached 3 bed instead for same money. (I don't know about other ppls' areas but there are no 2 bed detatched properties in my location so I can see the appeal).

I would not though like a LL to have free access to the room. Having said that I would be ok if it was once or twice a year but not monthly or similar. IE, I wouldn't mind if they wanted to store their chrimble decorations there and ask if I could squeeze mine in also and we make a date to both get access to these).

I'm not sure it should be locked though. Windows need to be cleaned. Rooms need to be aired and it should still be heated. (Personally I'd not charge a LL for heating the room as I don't sweat the small stuff but possibly another problem to overcome).

[banjo]

I wouldn't mind LL storing stuff in spare bedroom because at the end of the day I would imagine you would be paying for 2 bed property but in a detached 3 bed instead for same money.

I would not though like a LL to have free access to the room. Having said that I would be ok if it was once or twice a year but not monthly or similar.

I'm not sure it should be locked though. Windows need to be cleaned. Rooms need to be aired and it should still be heated.

Hi Yes we are paying less as a result of not having the third bed so that suits us.
And the landlord can have access every few months as long as it's booked in with us.
I would prefer the room to be locked however (I don't mind not cleaning the windows :) ) because then there should be no question of anything going missing. I am happy to have the room closed off but do not want to get involved in any accusations.
The other interesting thing I read in an earlier post was to check whether the landlord is going to provide cover for their own goods stored in the room so will do that.

[jjlandlord]

The other interesting thing I read in an earlier post was to check whether the landlord is going to provide cover for their own goods stored in the room so will do that.

It's their property and they should insurance it if they wish, the same as they would do if they provided kitchen appliances.
That said, you could indeed ironclad it by having a clause stating that landlord is responsible for insuring their goods, and also for ensuring that the conditions in the room will no damage them (e.g. damp, etc.). And perhaps even to forbid LL to store any dangerous stuff there (read flammable, etc).