As the landlord you own (freehold or superior lease) the roof space in the property but before making any decision on restricting access to the roof space consider the following:
• Is the roof space a usable space such as a living space in a converted attic or a storage space in a boarded loft? Tenants will usually expect exclusive possession of the entire property during their tenancy including any roof space and this is particularly true if it is a usable space. Tenants often resent being excluded from a part of their home especially a roof space.
• Consider how the roof space will be accessed in an emergency? This is particularly relevant if the roof space houses any part of an installation for the supply of water, gas and electricity or any part of an installation for space heating and heating water but could equally apply for such things as emergency repairs to the roof structure or dealing with vermin. Locking the access to the roof space would hamper any emergency access if it were required. A similar scenario could arise for planned inspections of the roof space e.g. Legionella risk assessments. If you were to lock the access to the roof space and leave the key with a friend or agent and a problem arose outside working hours there could be a delay gaining suitable access to the roof space as the key will need to be located and collected/delivered.
• Even if you do lock the roof space access control still can be lost as the tenant may ‘break in’ for whatever reason anyway. You cannot assume total security.
• If a gas-fired boiler is installed in the roof space British Standard 6798:2014 requires:
{Commentary on the Standard: Consideration should be given as to whether a guard should be provided to prevent contact between stored articles and the boiler, its associated pipework and chimney.}
1. Flooring area sufficient to allow access for normal use and servicing shall be provided under and around the boiler
2. A purpose-designed means of access to the boiler installation shall be provided. {Commentary on the Standard: A permanently-fixed, retractable roof ladder is considered to satisfy the requirement for a purpose-designed means of access. A safety guard should be provided around the roof space access opening.}
3. Fixed lighting shall be provided for the boiler installation and the means of access.
These requirements are not just for the benefit of any engineer maintaining the boiler installation but also for the benefit of the tenant who may, for example, need to periodically top up the pressure in the system or check and report any fault code should the boiler malfunction.
• Falls from one level of the property to another level of the property such as from the roof space to a floor below is a hazard that should be considered. Reasonable steps should be taken to mitigate the risk of injury from such falls. Any facilities provided for accessing the roof space must be maintained in safe working order.
• If you wish to exclude access to the roof space, make this clear at the earliest opportunity such as in any marketing material for the property. Excluding access to any part of a property is material information that may affect a tenant’s decision to enter into a tenancy agreement. Also ensure any restrictions on access to the roof space are negotiated with the tenant and clearly defined in the tenancy agreement.
• If you decide to use the roof space for storage of your own personal possessions, there are some things to consider. Firstly, inventory clerks will not normally access the roof space and therefore include anything stored in the roof space in any Inventory and Schedule of Condition Report. The risk of someone removing items stored in the roof space during the tenancy needs to be considered and suitable evidence collated beforehand. Also consider the notice the tenant is entitled to if you did need access to your possessions during the tenancy – minimum 24 hours in writing.
• If you retain part of the property for storing personal possessions you may be liable to pay some or all of the Council Tax if the retained part is habitable. You would need to check this with your local authority.
• If you do restrict access to the roof space or use the roof space as storage (your own or the tenants) consider the practicalities of inspecting or maintaining the roof structure such as inspection and repair of roof felt or dealing with pests (rats, mice, squirrels, flies) that may have harboured in the roof space.
• Finally, if you use the roof space as a store – will the contents be insured?

Concerns of Prospective Tenants
Restricting access to any part of the property such as the roof space may raise concerns for prospective tenants:
Landlord Access Affecting Their Quiet Enjoyment
Landlords are entitled to enter the premises to view the state and condition and to execute any repairs which the landlord is entitled to execute subject to the provision of 24 hours’ notice in writing. However prospective tenants may have concerns about the landlord requiring access to the property to (for example) collect personal belongings stored in the roof space. Frequent visits or visits without adequate notice will affect the tenant’s quiet enjoyment and so may raise concerns from any would-be tenant and in a worse case scenario could be considered harassment.

Landlord Tresspass

Landlords using part of the property to store possessions could be sued by the tenant for trespass and for damages (mesne profits). Also the tenant could invoke the procedure under the Torts (Interference with Goods) Act 1977 requiring the landlord to remove the possessions.
Longevity of Tenancy
A landlord using the roof space to store personal belongings may suggest the tenancy is only temporary and the landlord has left his/her belongings at the property in preparation for re-possessing the property at some time in the near future. For would-be tenants who are seeking long-term security this may raise concerns.
Finally, consider that a lease is a type of ownership in the same way a landlord will own (freehold or leasehold) the property they live in. If it is considered reasonable for the landlord to exclude access to the roof space to (for example) store personal belongings, is it reasonable for the tenant to be able to store their personal belongings in the landlord’s roof space?
Summary
Our recommendations to landlords are:
• Do not lock the access to the loft
• Do not store personal possessions in the loft
• If the roof space is a usable space (such as a converted attic or boarded loft) provide a means of access to the loft
• Where the roof space houses a boiler installation, ensure the requirements of British Standard 6798:2014 are met
• If the roof space is not a usable space and does not house a boiler installation, add a condition to the tenancy agreement that the loft should only be accessed by the tenant in an emergency
Many of the points raised above apply equally to other areas of the demised property such as basements and cellars, outbuildings such as garages and sheds and void spaces and even parts of land that adjoin a dwelling.