furnished unfurnished possible contract dispute

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  • Petch
    replied
    Little update.

    Been speaking with the agent, who is not denying that it was marketed fully furnished. They are speaking with the landlord and i'm still waiting on a call back.

    So, still ongoing at the moment.

    Leave a comment:


  • Mrs Mug
    replied
    Type the property address into Google. That usually brings up old property details going back years.

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  • jpkeates
    replied
    While we can get hung up on the details, "fully" furnished is going to mean a reasonable amount of furniture at least.
    There might be some dispute about whether that includes a TV or a set of forks, but a couple of bits of white goods aren't going to do it.

    While the previous tenant can't speak for the landlord, presumably the agent or landlord was there when the OP viewed the property, so they could immediately correct the "error"?

    If the agent have agreed that someone was meant to advise of the change in furnished status, I'd suggest there's a reasonable chance the property was advertised as fully furnished.
    If you're looking for a furnished flat it's hardly something you'd miss.

    Leave a comment:


  • StuartH
    replied
    Originally posted by Petch View Post
    The listing said it was fully furnished, but i can't find the listing as it has been taken down, although i found an old listing for the property that states it was fully furnished.
    Try searching on other property portals. Frequently more than one has been used, and some retain details of properties that have been 'let' if you include such properties (not the normal default). You might find the property having been advertised in the local paper too: you may well find copies online, if you look.

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by AndrewDod View Post
    There is no universal definition. HMRC have a definition "To qualify as a furnished residential letting the property has to be a dwelling house that is let with sufficient furniture, furnishings and equipment for normal residential use."........
    Yes, agreed, but that was to qualify for the 10% of rent tax allowance: No longer in force.

    I suspect furnished (as long as there is evidence it was promised - would be furniture etc etc etc .... But, if not provided, the remedy would be to sue for breach of contract - long, expensive, not guaranteed:

    Bet we get more of these after the tax change

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  • AndrewDod
    replied
    Yes. Previous T has no standing to speak for L. If it was advertised as FF and T can show that the advert he was responding to (not some past one) was so advertised, Yes.

    But it is still a case of not asking questions. Clearly this is not FF, but FF could mean anything (like just a very low grade bed, suite and a few old cups and bits of linen). If L now supplies this I can't see how anything can be repudiated.

    What is advertised and what is finally supplied do not always have to match up. If advertised at 700pcm I could end up letting it at £750 to someone at high risk, or to someone who wants me to include a different break clause. Some of the discrepancy may be clear from the contract. We don't know whether the contract in this case included other information or an inventory.

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  • StuartH
    replied
    Originally posted by AndrewDod View Post
    The problem is that you bought something without asking questions.
    That's not really fair: if the property was advertised as fully furnished and the previous tenant confirmed that the furniture viewed was the landlord's and now there is none, the landlord/agent will have to come up with a workable solution. I think the tenant may be entitled to repudiate the contract. At the least, the landlord should provide the basics in acceptable quality PDQ.

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  • Petch
    replied
    Ok. Although i'm pretty sure to any reasonable mind fully furnished also means furniture, but i see what your saying.

    And yes i thought they may well just go to a charity shop and buy total crap. If the agent took my calls or even returned them i could discuss this with them, but looks like i'll have to go in to their office tomorrow and see what can be done about it.

    Thanks for you replies.

    Leave a comment:


  • Moderator2
    replied
    DO NOT name the agents who you are in dispute with please.

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  • Petch
    replied
    Tough one. The listing said it was fully furnished, but i can't find the listing as it has been taken down, although i found an old listing for the property that states it was fully furnished, and the when i viewed the property, the former tenant said the furniture did not belong to her as it came fully furnished.

    {Mod - name removed} have not contested that it wasn't let fully furnished, as yet anyway, but i know i would not have rented the place otherwise and my search criteria on rightmove was fully furnished flats only...

    Leave a comment:


  • AndrewDod
    replied
    There is no universal definition. HMRC have a definition "To qualify as a furnished residential letting the property has to be a dwelling house that is let with sufficient furniture, furnishings and equipment for normal residential use."

    So you not got a fully furnished property (probably).

    However what would you do if Landlord went and got a bed, sofa and table and 2 chairs from a charity shop for a sum total of £150?

    The problem is that you bought something without asking questions.

    Leave a comment:


  • StuartH
    replied
    What do you have by way of evidence that you relied on representations or description about furnishings?

    Leave a comment:


  • Petch
    started a topic furnished unfurnished possible contract dispute

    furnished unfurnished possible contract dispute

    Hi All,

    I have recently signed the contract for a studio flat, got the keys and went there yesterday. Problem is there's no furniture!

    There is white goods, but the property was marketed as fully furnished, and this is the only reason i rented the place. I'm only staying here four nights a week as i work away from home and it's cheaper than staying in hotels, so i don't want to have to go to the bother of buying furniture, getting it delivered or set up, then having to get rid of it after i leave.

    Apparently the agent was *supposed to have told me that the landlord decided to clear the furniture out, but no such message was ever passed on, and i'm not okay with moving in to an empty space.

    Considering the fact that the price was higher for this place than other studios in the same building because it was fully furnished, so i'm now also paying a premium for something i'm not getting.

    I'm still waiting on a call back from {Mod - Estate Agent name removed}, but i'm wondering if this invalidates the assured tenancy agreement i signed?

    I'm still hoping that this can all be sorted out amicably, but would like to know my options.

    If you bought a new car speciifically in black, then it gets delivered and it's yellow that wouldn't be ok, so i don't see how this is either, as i signed the contract under the strong impression that this was a fully furnished studio, not part furnished.

    Thanks for reading.

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