Not legally a bedroom but tenant uses it - landlords responsibility?

If you have a room that isn't legally allowed to be used as a bedroom (e.g. lacking windows, ceiling not high enough) and don't advertise it as such (2 bedroom in advertisement, not 3) - what is the landlords responsibility if the tenant uses it as a bedroom and you find out during an inspection? Are you obliged to issue a warning? Can you turn a blind eye? Does anyone know? Is the landlords only legal responsibility to not advertise it as 3? Does the buck stop there?

 

What is the room normally, like a study or something?

How many people living in the household, other 2 bedrooms already used up?

 

So long as you dont make representations as to it being a habitable room (ie like you say list as 2 bedroom only, note as store room) then you should be fine unless you are aware of a distinct reason why it should not be eg damp, fire egress etc. Ensure there is a smoke alarm nearby per regulations just in case as you have been made aware of it being used to sleep in.

 

No there are only two bedrooms there right now and only two tenants. But when they move out, I was thinking it might be nice to close up the downstairs area (it's a house on stilts) because it's such a waste. I figure for minimal expenditure I could turn it into a nice entertaining area which will boost rental prices. I just wonder what will happen if tenants set it up as a bedroom.

Here's an example of what I mean:

38 Methil Street, Runcorn, Qld 4113 - Property Details

My house is very similar. I want to do up the downstairs area as an entertainment area. As you can see in that ad it's advertised as 3 bedroom but they built another 2 downstairs which would be great as a gaming room and office, for example.

 

I'm always worried about it from an insurance perspective. Say someone makes a bedroom out of it. It burns down and someone gets hurt. Insurance agency says you should have known through regular inspections that they were using this room illegally.

 

My first unit, when I moved out of home had a huge laundry, under the stairs. Apparently there was a single mother living there before I moved in & they used it as a bedroom for one of the kids. A house we looked at buying a long time ago now, had an attic conversion and the upstairs was called a Conservatory on the plan, but it had a bed in it & was clearly used as a bedroom. It was below legal height. In both of these examples, the room with the bed was clearly not advertised as a bedroom, but I don't think there's much you can do if the tenant decides to use it as a bedroom.

 

Would have been positively spacious for you given how short you are

 

LOL! No idea.

Pretty much!

 

If it is 2 bedroom, I would not allow more than a couple and 2 children, or 2 adults that are not a couple to be on the lease.

Your PM could send an e-mail to remind it is not a bedroom, but you really cannot tell them how to use the property, the only real issue I can see is if there is a fire and no alarm or not near this room, otherwise if one resident decides they like that room more than the other with a window, who is going to be worried ?

 

I believe that you or the agent cannot market the room as a bedroom as it would be misleading. Provided the room is habitable then the tenant can do as they please.

One issue to be careful with is air quality. Without a window a risk of carbon monoxide poisoning occasioning death could occur if a unflued heater was used anywhere in the property. A battery CO detector should be installed to remove this risk to you as the property owner.
Family First Carbon Monoxide Alarm

Or give them a canary

 

The OP could also just put a couple of windows in when s/he encloses the area.