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claire53
11-12-2011, 19:33 PM
Hi, Need some advice. I have a student let that has 4 letting rooms. As I don't have an HMO at present I only let 3 rooms.The smallest room is used as a storeroom and I have said the tenants can use it to store cases etc. The tenants are on separate tenancies.
They have now complained about the state of the room and say it is unusable
They regard this as part of their tenancy and have told me that I can't lock it ( which I threatened to do ) Are they right? Thanks

Snorkerz
11-12-2011, 19:49 PM
What facilities are described on their tenancy agreements? Was this room available for storeage when the tenancies began and did you mention it's availability when showing or advertising the place?

You do realise that the property may not need a HMO license but it still needs to comply with the HMO regulations? (because it is a HMO).

claire53
11-12-2011, 19:54 PM
No I didn't say it was available....I already had stuff stored in there...I just said they could put their cases in there. There is no mention on the lease of it being available for use. They already have 2 communal ares, kitchen and bathroom

Snorkerz
11-12-2011, 20:03 PM
Then your only problem is (and this is the wrong word) established use. It is vaguley possible that a court would decide that as you have seen heir stuff there and not made them move it, you have in effect accepted that they have a right to use the area.

That's only a vague possibility, how likely do you think it is that any of the tenants would actually do anything about it, especially if you write each of them a formal letter explaining that the only area demised to them is their own room? Use the word 'demised', being a legal term they will realise you have sought advice. Give them a certain number of days to clear the room and explain that if anything is not moved by that date then it will be moved to (say) the lounge. You can not lock their stuff in there.

Out of interest, is it a local ruling that has compelled you to limit yourself to 3 tenants? The 'national' rule is anything taller than 2 floors AND with 5 or more tenants.

claire53
11-12-2011, 20:19 PM
The property is in Pontypridd near the Uni of Glamorgan. It is a 2 storey dwelling....I have been told 4 or more constitutes an HMO? As it will cost £500+ to get certificate I haven't bothered. House originally had 5 letting rooms...but I have knocked a wall down as the house is very small( as they all are in the area) and 3 seems to be a good number

Snorkerz
11-12-2011, 21:13 PM
The property is in Pontypridd near the Uni of Glamorgan. It is a 2 storey dwelling....I have been told 4 or more constitutes an HMO? As it will cost £500+ to get certificate I haven't bothered. House originally had 5 letting rooms...but I have knocked a wall down as the house is very small( as they all are in the area) and 3 seems to be a good numberMore than 4, not 4 or more. I can't find the legislation at the mo, but this may reassure you http://www.cardiff.gov.uk/content.asp?nav=2%2C2867%2C3424%2C5082%2C4949

claire53
19-12-2011, 22:26 PM
Hi...sorry still not clear on this one. I have 3 tenants on separate ast's.
They now want total use of the small attic room which is used as storage and requesting that I move everything out of there.
When the tenants moved in I said they could put their cases in there....but nothing else.
I have said I will lock the door, but they are saying I can't , despite there being no mention on the agreement about use of room....who is right?

ram
20-12-2011, 10:16 AM
When the tenants moved in I said they could put their cases in there....but nothing else.
who is right?

They rented from you on the undersanding that the attic was ONLY to
store suitcases, and nothing has changed, so stand your ground.

"No mention on the agreement about use of room"
Of course there is not, as it's a room to be rented out, as you have stated.
"The smallest room is used as a storeroom".

THEY don't dictate to YOU which rooms you give out for free.
The smallest room you rent out is the attic room, and if they wish to use for
more than that, they pay the going rate to "Rent it" from you.

As it is / was a rentable room, and you are not renting it out, you are
entitled to put a lock on it and remove the belongings.
Your excuse, if you don't want confrontation, is to say its a room for rent,
(which it is ) and is for that purpose only, and a lock WILL be placed on it.

Once you give in, you cannot go backwards, as if only 1 or 2 leave, the
other will WANT use of the room.

R.a.M.