Question for all you BTL-ers.

[wattaj]

If I was to rent a property in the UK under a 12 month STA, with no exclusions or clauses to use of buildings in the contract between myself and the Landlord, would the land register title plan be the go to as to what land and buildings are included in the rental?


Thanks in advance.

Why not just ask your landlord if you can use the bloody shed/garage and be done with it... most likely that you have already and they've said "no". In which case stop trying to be a clever bugger and get on with your life.

[Paddy]

No. At best it might form part of your evidence in court to demonstrate your reasonably held belief or something, but....no. Why would the land registry title plan have any bearing on a contract? It most certainly doesn't form a "go to" or any kind of iron clad proof.

For a start, there's no requirement to update it with additions - certainly not things built under PD. So if the kitchen was extended under PD, would you be happy for the landlord to throw the land registry plan at you and tell you had no reasonable expectations to use the back 3 meters of the house?

This does remind me of a friend who has a tenancy. Against my advice he took his case to court because his solicitor said he has a good case. He lost badly and had to pay the landlord's costs.

[clearedforlanding]

Thank you for all the responses.

The problem I am faced with is I rented a property for CFL Jr to be closer to the hospital where she works. It consists of a garage block, the main house and a work shop. The land and house s gated with a 8 metre high fence around it.

In the first 3.5 weeks the Landlord & his wife have shown up unannounced on 6 occasions to "do the gardening"*. Despite multiple calls asking them only to attend the property announced, they ignore these and show up (letting themselves through the gate with their key) on sunny days which is exactly when she wants to enjoy the garden. As an ST2 (SHO) working night shifts in an A&E department this is causing her significant stress.

It's a managed contract through a lettings agency and the manager of the lettings agency agrees this is excessive and has attempted to talk to them. They will agree verbally and completely ignore what they agreed.

It is invasive & got to the point within a month that my daughter does not feel like this is her home, rather an airbnb on a long term contract in the middle of someones garden.

The justification given is that they need to get tools out of the shed.



*In the contract the tenant is supposed to do this.

[AtW]

Find a QC who will give you his opinion that you want to hear.

Here - I just cost you £120,000 (plus VAT)

[clearedforlanding]

buildings or errections? Land registry won't include sheds etc.

Surely what is rented is detailed in the rental agreement e.g. This agreement is to rent the house& garden at 22 railway cuttings the shed at the bottom of the garden is excluded and access is granted to the Landlord?

It is possible to have multiple dwellings on one title plan so I doubt it should be just the title plan.

The tenancy agreement states the name of the property. No more, no less.

Any half-decent Rental Agreement will specify what the rental covers (apartment / house / garage / car parking space) and any specific exclusions (ie loft space / garage / shed). If it doesn't clear it up with the Landlord / Agent.

as above it states the name of the property with no exclusions.

So what's the situation here? You've signed a poor contract and are now in dispute with the landlord, or you've seen an opportunity to sign a poor contract that gives you the possibility to push the boundaries?

I know the law is pretty black and white in certain things, like the land registry has nothing to do with the rental but context could very much change what the possible outcome would be.

Either way, don't sign contracts that don't have exclusions or clauses where there should be some to cover unknowns like this. Raise it, get them in so it's crystal clear, sign document.

Signed contract for whole property & land. Landlord lets himself and his wife onto the land twice a week.

[courtg9000]

Thank you for all the responses.

The problem I am faced with is I rented a property for CFL Jr to be closer to the hospital where she works. It consists of a garage block, the main house and a work shop. The land and house s gated with a 8 metre high fence around it.

In the first 3.5 weeks the Landlord & his wife have shown up unannounced on 6 occasions to "do the gardening"*. Despite multiple calls asking them only to attend the property announced, they ignore these and show up (letting themselves through the gate with their key) on sunny days which is exactly when she wants to enjoy the garden. As an ST2 (SHO) working night shifts in an A&E department this is causing her significant stress.

It's a managed contract through a lettings agency and the manager of the lettings agency agrees this is excessive and has attempted to talk to them. They will agree verbally and completely ignore what they agreed.

It is invasive & got to the point within a month that my daughter does not feel like this is her home, rather an airbnb on a long term contract in the middle of someones garden.

The justification given is that they need to get tools out of the shed.



*In the contract the tenant is supposed to do this.

Its a minimum of 24 hours notice required.
Quiet enjoyment of property is the phrase your daughter needs for defence.
"The landlord is preventing my quiet enjoyment of the property." You are almost onto breach of contract with that.
I hope your daughter gets it sorted soon her job is very stressful as it is!
Landlord probably is unaware of landlord and tenant act - this would NOT surprise me.
Any questions ask and I know a few legal chaps and chappeses that work this field if you need them.

[clearedforlanding]

Its a minimum of 24 hours notice required.
Quiet enjoyment of property is the phrase your daughter needs for defence.
"The landlord is preventing my quiet enjoyment of the property." You are almost onto breach of contract with that.
I hope your daughter gets it sorted soon her job is very stressful as it is!
Landlord probably is unaware of landlord and tenant act - this would NOT surprise me.
Any questions ask and I know a few legal chaps and chappeses that work this field if you need them.

Thank you. It's the hyper-frequency of the visits that are disturbing the quiet enjoyment of the property as well as the lack of notice. Imagine in the days you were renting your landlord and his wife wandering around your garden twice a week - it would drive me nuts.

[clearedforlanding]

Why not just ask your landlord if you can use the bloody shed/garage and be done with it... most likely that you have already and they've said "no". In which case stop trying to be a clever bugger and get on with your life.

Contractually I have rented them. He just feels he can use them as well. It is his former home.

What led you to the assumption I was being a clever bugger?

[vetran]

Thank you. It's the hyper-frequency of the visits that are disturbing the quiet enjoyment of the property as well as the lack of notice. Imagine in the days you were renting your landlord and his wife wandering around your garden twice a week - it would drive me nuts.

They can't

How to deal with landlord harassment - Shelter England

Write to your landlord to tell them to stop harassing you - for example, if they are:

• accessing the property without giving you notice
• disturbing or disrupting you

Also as a single young lady she can easily feel threatened (inadvertently) by these visits.

My understanding is it is your daughters home first, then their property afterwards. Its like you popping round to your neighbours twice a week without asking them.

[courtg9000]

Thank you. It's the hyper-frequency of the visits that are disturbing the quiet enjoyment of the property as well as the lack of notice. Imagine in the days you were renting your landlord and his wife wandering around your garden twice a week - it would drive me nuts.

Use the phrase Quiet enjoyment when talking to the agent.
Its all over the landlord and tenant act.
I am sorry I can't dig out the relevant bits for you. I am not very well and I have a stack to get through today.