I am wanting to add 2 additional clauses to my new tenants rental agreement.
I have a loft that I don’t particularly want tenants to use as the last tenants had it full of their belongings and somehow a mouse or mice were found in the loft. There wasn’t much damage but I hadn’t put anything in the tenance agreement to say that they could use it at their own risk. Could I put a clause in the new tenants agreement to say they can use the loft at their own risk or words to that effect?
Also, all the white goods I have in the house are on a breakdown cover except for a tumble dryer that the last tenants wanted me to leave for them to use. I said verbally that they could use it at their own risk and if it broke down that I would not replace it, but this was not written into the tenancy agreement as an additional clause. I would like to add this clause this time.
What does anyone think about these 2 clauses? Can someone answer this for me from OpenRent. Thanks
Your clause should read loft to be used for storage not for habitation
If there is any risk then document not for use at all
I would put it in the front page in block capitals where there is a description of the premises
Mice in the loft got there through the cavity in the wall so there must be a breach on your ground floor or first floor
Ensure you put bait down it’s £5 a tub from hardware stores
I would advise pest control if you don’t know what you are doing
As a landlord if you provide white goods you need to repair or replace ( this is not social housing so you cannot ‘gift’ them)
Adding in a clause saying you won’t replace may not stand up in a court if they challenge you
Anything on inventory is your responsibility
I would take legal advice if you are supplying a white good and not replacing it if required
Don’t forget pat test all your white goods annually
Assuming the loft is not a habitable space, you should be ok to draft a clause that says it must not be used. You should also put a padlock on it if possible. There is really no such thing as ‘at your own risk’ because it you permit the use, you assume some responsibility.
If the dryer is a key element of the attraction of the property then why not repair or replace it if it breaks down? This shouldn’t be expensive. If not, then you could consider gifting it to the tenants so that it becomes their responsibility to repair.
remember that tumble dryers are a leading cause of house fires If not properly serviced
Repairs on white goods are taking forever at the moment because of the pandemic. I am two months waiting for a dryer part ( I had a spare dryer to give the tenants from another house).
So if you don’t want to replace it I would advise don’t give it in the first place. I agree with @Colin3. Dryers are a big fire risk if filters are not cleaned regularly.