Renting Property with Loft Room without Building Regulations

Landlord Discussion Legal
1

Hi,
I am buying a 2 bedroom bungalow on a “Buy To Let” mortgage.

Property has 2 double bedroom in the ground floor and a loft room which is not counted as a room as it does not meet building regulations.

The height of the room is less than 2 meters and it has no proper ceiling (ceiling is the area where roof from both sides meet).

If I buy this property with a loft room which does not meet building regulations, will I be able to rent it out?

Will I get a Landlord Insurance for such property?

Many thanks for your help,

2

I do loft conversions. This can only be for storage. You cannot sell it or let it as a bedroom. You can get landlord insurance but it MUST be down for storage only The regs for stairs ,access and insulation are heavy for loft rooms

3

I remember reading an article about insurance company refusing to pay to the owner of a property who did not count loft room as a room though it did not meet building regulations.

So, I am confused when I purchase the insurance policy whether I should count it as a store room or a bedroom. Not sure whether they are going to treat it as a store room or a bedroom if there is any claim in the future.

In the rent agreement I will not treat it as a store room not bedroom.

4

does it have a proper set of stairs or is it a loft ladder? you can only call it a store room If they use it as a bedroom they are breaking the rules

5

Yes, it has proper staircase to the loft with hand rail.
I can mention in the tenancy agreement it as a store room.
Hope when I purchase my insurance policy, I should mention clearly it as store room.

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6

Its your responsibility to ensure the loft space is not used as a bedroom or sublet by the tenants as a bedroom. The spot checks at 6 month intervals should check this is enforced.

Make it clear in the tenancy agreement that the loft must only be used for storage and not as a bedroom since it does not comply with building regulations. Ensure that you state that you do not agree to subletting.

Either convert the loft space to a third bedroom or let it out as 2 bedrooms.

Do not break the law or put lives at risk for the extra cash. Fit smoke detectors connected to the electricity by an authorised electrician.

Otherwise, congratulations in becoming a landlord of this 2 bed bungalow. Good Luck.

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7

Hi Peter,

Thanks for your insight.

I’m in a similar position to OP, although I’m in the process of buying a property so have a bit more wiggle room with the seller to arrive at a fair solution.

Do you know which official UK documents state that a landlord cannot rent an unapproved space to a tenant?

Thanks!

8

Hi George,

I’m in a similar position.

What did you do in the end?

Thanks,
Kieran

9

You would not be able to let it.

10

Sorry for the late reply.

But, if it is going to be useful to anyone - my letting agency signed an addendum which says loft room is supposed to be used as a store room not a bedroom.

11

And if you or the agents finds people sleeping there during inspections and do nothing about it, you will be in trouble.

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