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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are tenants looking advice. We made an

Resolved Question:

Hello,
We are tenants looking for legal advice. We made an offer nearly one month ago subject to some request to our prospective LL. We asked the following: Use as storage space of the loft, permission to foster children with the social services and to bring our cat in the premises.
We have been accepted although in the tenancy agreement we read that we have permission of use of the loft at our risk as they don't even know what's up in there.
we are asked to have the house only as private premises with no business intent, unfortunately fostering is considered as a professional activity home based.
Now what should we do? we haven't signed any agreement yet but they have 500£ holding deposit already.
Kind regards, ***** ***** for your help.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How was the agreement to allow foster communicated to you please?
Customer: replied 2 years ago.

Thank you Alex, it was agreed with the acceptance of the offer (everything was written)

Customer: replied 2 years ago.

Hi Alex, sorry to bother but how long will it take to have a reply?

Thank you very much,

Kind regards,

Nicole

Expert:  Ash replied 2 years ago.
Ok, have you asked them to incorporate it into the agreement ?
Customer: replied 2 years ago.

Not yet. But my main concern is about the loft.

Customer: replied 2 years ago.

Sorry Alex,

just to let you know i need a quick answer about the loft matter.

Expert:  Ash replied 2 years ago.
I dont quite understand the loft issue - the loft is use at your own risk? Is that it?
Customer: replied 2 years ago.

Yes which means we have at our own expenses make it usable as storage space, so LL agreed the use of it but will not make it safe to use it and if something happens(injury, the ceiling collapseas or something nice like this she is not responsible about it.) So yes use it but at your own risk.

Is this a reason to withdraw from the tenancy? Is there any chance of getting our deposit back?

Thanks

Expert:  Ash replied 2 years ago.
Have you signed the tenancy agreement?
Customer: replied 2 years ago.

No we haven't.

Expert:  Ash replied 2 years ago.
Ok, then yes you can pull out.
Either party can pull out BEFORE it is signed and you will get your deposit back. You may not get agency fees back but you will get the deposit back.
Either party can pull out. Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Ok that's clear but my question about the loft is there any requirement the loft has to have for storage use by law? Is it legal to say it's at your own risk?

Expert:  Ash replied 2 years ago.
Yes it is legal, although by law you cant exclude any personal injury caused by negligence.
So even if its a term if its their negligence its still an implied term by law, no matter what the contract says.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes it does. Thank you very much for your help. Best regards,

Nicole

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex