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View Full Version : Storage room not mentioned in Letting Agreement- can L retain?



c0wb0y
13-10-2010, 23:16 PM
Hi,
I recently rented a property (private) in Scotland through an agent. As with previous rental agreements, my assumption was that I would have full access to the entire property. When I found that I couldn't unlock an under-stairs storage cupboard, I contacted the agent to request a key. They didn't know about the storage cupboard and didn't have a key for it, so they contacted the Landlord to request one. The Landlord said that the cupboard is used to store items for when the rental changes and that they had nowhere else to store whatever is in there, so would not be moving it or giving access.

As it turns out, that under-stairs storage cupboard is the only storage in the property other than wardrobes and garage, so it's quite annoying to find this out after renting the property - no mention was made of this 'arrangement' by the agent (they didn't even know about it) and it does not form any part of the rental agreement.

My question is whether a tenancy agreement explicitly refers to the entire property by default and whether this would be considered a breach of tenancy on the Landlord's part?

Thanks in advance for any advice.

theartfullodger
14-10-2010, 08:21 AM
Not absolutely sure on this, although on my last tenancy I excluded use of one part of the tenancy (which would seem to be the sensible, obvious, approach..)

I would have thought that if it is not specifically excluded in the tenancy and is within the "property/accommodation let" you would be entitled to use it.

Suggest 2 options...
a) Call Shelter Scotland 0808 800 4444 free helpline but be prepared for a wait, they are a charity with limited resources...
b) Write/email your Landlord (keep copy) querying the matter, asking for him to clear it & provide keys or to point out the legislation permitting him to exclude it.

You could argue he can't randomly exclude stuff without your agreement under unfair contact terms etc. etc..

Mind you I've yet to see any tenancy agreement (E&W or Scotland) which did not have mistakes or be subject to valid criticism... (including ones that I have "improved"..).


Wonder what else he might have got wrong (he could of course be right...) -
?? is he a registered Landlord (up to £5 fine and/or criminal conviction if not...)
https://www.landlordregistrationscotland.gov.uk/
(You can search on your property .... )
?? Did he serve you an AT5 before you signed the tenancy & he can prove it (eg by your signature, date & time on AT5)?? If not you have more rights....

If you find the answer to your question & what relevant legislation applies coulds't please kindly post here for the benefit of later searchers for the truth...

Yours aye

Artful

theartfullodger
14-10-2010, 17:00 PM
Perhaps Housing (Scotland) Act 1988 S30...

30 Duty of landlord under assured tenancy to provide written tenancy document and weekly rent book. S

(1)It shall be the duty of the landlord under an assured tenancy (of whatever duration)—

(a)to draw up a document stating (whether expressly or by reference) the terms of the tenancy;

(b)to ensure that it is so drawn up and executed that it is probative or holograph of the parties; and

(c)to give a copy of it to the tenant.

(2)On summary application by a tenant under an assured tenancy, the sheriff shall by order—

(a)where it appears to him that the landlord has failed to draw up a document which fairly reflects the existing terms of the tenancy, draw up such a document or, as the case may be, adjust accordingly the terms of such document as there is; and

(b)in any case, declare that the document (as originally drawn up or, where he has drawn it up or adjusted it, as so drawn up or adjusted) fairly reflects the terms of the assured tenancy;

and, where the sheriff has made such a declaration in relation to a document which he has drawn up or adjusted, it shall be deemed to have been duly executed by the parties as so drawn up or adjusted.

Think your original SAT (specific form on an Assured Tenancy) defines what you are entitled to, and as it does not exclude any part LL can't now demand exclusion????