is a conservatory a room

[scanner]

the house i rent has a conservatory attached, when i first moved in the house was classed as a five room house. recently the landlady has informed me that the rent will be increased as the house has six rooms (counting the conservatory) and the original rental agreement is in error.

according to her and her council rental officer the conservatory is an extra room.

 

i argued the fact that this conservatory can only be used in the summer as it is not double glazed, has no central heating and no solid foundation. during the cold part of the year (which is almost all year except maybe 2 months) it is shut off from the rest of the house, and not used.

 

can this be classed as a room if not how can i proove it to her.

[Glenn UK]

speak with your lopcal town planing officer possibly building control.

 

My undertsandng is that its a temporary styructure and not a habitable room.

 

but your local council will help, fwiw dont tell them when you ring its possibly a landlord tennat dispute, tell them you want to know for council tax reasons or somehting like that. they may be relucatanct to becomeinvolved in what oculd be a legal situation.

 

HTH

 

Glenn

[muggins73]

The fact of the matter is that a conservatory is deemed as a living space.

 

Are you receiving housing benefit by any chance? According to the rules and regulations of rental properties for those of us in receipt of this benefit (whatever the amount) you are only entitled to a certain amount of living space, and I believe a conservatory, as is a dining room, is classed as an extra room above and beyond what they deem necessary.

 

To be honest though, I'd be inclined to argue the fact that the original rental agreement is a legally binding contract which has been signed and agreed. The fact that your landlady deems that she has not charged you enough due to this extra 'living space' is neither here nor there in my mind. It's like buying something from a shop if they've priced it up wrong and when you take it to the till to pay for it and it comes up 50p less that it should have, legally they have to sell it to you for what it is marked up at.

You could push that any increase can only incur when your tenancy period lapses. The downside is that you could upset your landlady and that can only mean a hell of alot of hassle.

Might be worth going to your local CAB, they have their only solicitors whom specialise in such things and can help you without having to involve your local council.

Good luck.

[Glenn UK]

The fact of the matter is that a conservatory is deemed as a living space.

 

 

And what facts are they then?

 

I guess that there will be other definitions of what is or is not a habitable space, by different organisations.

 

Conservatories are often not deemed to be habitable rooms and are classed as temporary structures dependant on how they are constructed, at least for planning purposes and building regs purposes.

 

The size also comes into it too as i recall but each local authority has to some degree their own variations.

 

Glenn

[muggins73]

I agree with you Glenn, as in my books they are indeed not habitable rooms. However, according to various local authorities they are, hence, why I have suggested that a visit to their local CAB may be worth while.

[Glenn UK]

Muggins

 

LOL the same reason i suggested town planning/building control.

 

However, for rental purpose there may be better depts of the council im not sure whether the CAB will have the right expertise at their disposal, wheres town planning/building control probably put a guide on their websites.

 

HTH

 

Glenn

[con]

When I Erected A Conservatory On The Kitchen I Was Told By The Council It Becomes Part Of The Living Space Of The House If The Connecting Door Is Removed On A Permanent Basis. This Would Then Need Heating Etc And Of Course Planning Permission. Sounds Like Your Landlord Is Trying To Recoup The Cost Of It. I Dont Know Much About Contracts But Im Sure Basic Building Regs That A Landlord Should Comply To Should Be An Issue. Tennants Have Rights And Standards To!

[caledfwlch]

If its a "room" and can be charged extra rent for, then wouldnt the Landlady therefore be obliged to provide full central heating to it, as in the rest of the house?

[muggins73]

If its a "room" and can be charged extra rent for, then wouldnt the Landlady therefore be obliged to provide full central heating to it, as in the rest of the house?

 

Excellent point, my friend:)

[uPVC-Man]

Hi (All)...

I'm a conservatory divisional manager for a large national company (The 'Best' one ).

A conservatory requires building regs if it's over 30 sq meters and/or the physical barrier (PB), door/s of external locking quality between unit and house, is/are removed permanently.

Conservatories (in England & Wales) are 'regarded' as temporary structures. To qualify as part of the house, the adjoining room and unit has to be inspected and subjected to SAP Calcs (thermal efficiency measurements). Without which the PB cannot be permanently removed. i.e MUST be replaced prior to sale.

Currently in England & Wales, there are no rules besides over 30sq meters or planning governing the building of conservatories. Consequently many are simply not habitable in the winter nor in the summer for those units with direct sun on them.

Certainly, if you can't comfortably use it in the winter/summer it's not a habitable room...

Good Luck...