Removing items from a tenanted property

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Removing items from a tenanted property

    I'd like to reclaim my spare TV from a property. This TV was on the inventory initially, do I have the right to remove it?

  • #2
    It depends what your tenancy agreement says about the contents of the property and the inventory.
    Essentially if the TV is part of what the tenant is paying rent for, no.

    You don't have the right to enter the property to remove it without giving the tenant notice even if you do have the right to remove it (which seems unlikely).
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


    • #3
      The contract says nothing about the inventory or contents of the property. What do you mean by 'seems' unlikely? Were you expecting the contract to refer to the inventory and/or contents of the property and would state it formed part of what they are paying for? Or are you simply unsure of the law in this case? It goes without saying I'd inform them well in advance of my intentions.

      Comment


      • #4
        As I can't see the documents, I can only guess what the contractual position is.
        There isn't really a law specifically relating to TVs in tenant's homes and the landlord's right to remove them (as far as I know).

        There's a couple of basic principles - you can't steal your own property, so that's helpful, but more relevant is does the service for which rent is paid include the TV?
        Which is going to be, quite specifically, what you have agreed with your tenant.

        An inventory on its own is just a list - so yes I was expecting something to establish what the list represents and how it applies to the contract and what is rented.

        If the tenancy agreement doesn't refer to the inventory, does the inventory say anything about itself - i.e. what is the stated purpose of the inventory? And has the tenant agreed to it?

        Basically, when you supplied the TV on what basis was it supplied?

        Do you rent the property as "furnished" or "as seen"?
        To put it the other way, how have you established contractually that the tenant cannot sell the TV and keep the proceeds?

        I used the expression "seems unlikely" because I would have thought you would need a contractual agreement to be able to remove the TV from the tenant's possession and use which seemed really less likely than not.
        But it's always possible.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


        • #5
          Originally posted by Milkshock View Post
          This TV was on the inventory initially,
          Then you have no right to remove it, if it is on the inventory.

          Like saying, can I remove the bed in the second bedroom in a fully furnished house, answer = No.
          I have not gone into a long detail as in post number 4, as your starting point is, "No you can't ", then argue with your tenant.





          Comment


          • #6
            Wasn't aware that an inventory on its own formed a legally binding obligation to continuously provide those exact items listed, even if that inventory is not referenced in the contract. Seems odd to me?

            Comment


            • #7
              So you just 'lend' the items on the inventory for an unspecified time until you need to use them? Beds, Cooker, TV, Shed etc etc, you've made that clear to the tenants have you and that you can just go to the property and 'reclaim' the items as an when you wish? If so just go round and take their TV.
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

              Comment


              • #8
                Funnily enough removal of the tv has been mentioned before and they never had an issue with it.

                The only issue is what they could do about it if they aren't happy about it after I've taken it?

                Comment


                • #9
                  The Inventory is effectively an addendum to the AST noting the initial condition of the property &; it's contents. If you remove any listed item, it should be with the prior agreement of the T, noted & dated on the Inv. otherwise T could report the 'theft' to the Police. If found in your possession you may have some difficult questions to answer.
                  If this TV is so precious to you why did you leave it in a rented property at all?

                  Comment


                  • #10
                    I have several properties and from time to time I need to move things around. The tenant has not long ago acquired their 'own' TV so this now becomes an excess item that they do not need. They verbally agreed to this some time ago, however our relations have recently soured to the point of dislike of each other and I want to avoid any dispute arising from this. The idea of noting it on the Inventory is a good one I think.

                    Comment


                    • #11
                      Oh! You see if I were the clerk and did the check out I would note that TV as missing, to be replaced at Ts cost, and/or "See file for information" in the hope that someone somewhere had documented the disposal of the item. The inventory is, as has been said, an addendum to the AST, providing detail that both you and the T are bound by.

                      That is why it isn't as simple as you moving your own possessions around your portfolio... whilst 'your possessions' are in a tenanted property, they aren't yours to freely dispose of.

                      If you do remove it, with the Ts permission, make sure it gets noted and signed on both copies of the inventory, yours and the Ts - provide them with a new copy if necessary. Belt and braces wold be to scan it and forward it to the clerk, for their files (if you used one), copying in the T. If things have 'gone sour' with the T then be sure to leave yourself a paper trail.

                      But, if things really have soured then you may be best advised to wait until they leave!

                      Comment


                      • #12
                        Thanks many of the more recent posts seem sensible.

                        Comment


                        • #13
                          A little on the side, where a LL provides a TV within a rental property, they are liable for the tv licence and not the tenant.

                          Comment


                          • #14
                            Originally posted by shearne View Post
                            A little on the side, where a LL provides a TV within a rental property, they are liable for the tv licence and not the tenant.
                            Is that correct?

                            The TV could be used for something other than watching channels. Such as for a games machine.

                            Surely the responsibility for the licence is with the occupier.

                            I know TV licencing letters are always addressed to the occupier, not the landlord or owner.

                            Different story for HMOs obviously.

                            Comment


                            • #15
                              Ah ha! I researched this a little while ago - for an info sheet I was putting together the answer is :

                              No "A person with a television receiver in his possession or under his control who..." as the TV is under the control of the T it is their responsibility

                              Yes: "You need to make sure that the property is covered by a valid TV Licence if you have provided a means for your tenants to watch or record television programmes as they’re being shown on TV. This includes the use of devices such as a TV, computer, mobile phone, games console, digital box or DVD/VHS recorder.

                              The TV Licence is your responsibility if you installed the TV, unless the tenancy agreement specifies that it’s the tenants’ responsibility."

                              The Communications Act says both of the above!

                              Basically it boils down to this: If a landlord provide a TV then responsibility to get a license is that of both tenant and landlord! 'They' can come after either... and the landlord is probably more easily accessible!

                              If you want to avoid this then, if you provide a TV have a clause in the AST hat states it is the responsibility of the tenant to obtain/maintain a license.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X