Disposal of Appliances from Deposit

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    Disposal of Appliances from Deposit

    A quick one (I hope).

    T has left appliances behind. Clearly they need to be retained securely etc for a period of time (3 months or shorter if there is a term in the tenancy), but can the cost of disposal (Council are the cheapest) be offset against the deposit?

    My guess is yes in theory, but that it may get tripped up if they have not yet been disposed of and it gets into scheme arbitration or court.

    Any thoughts would be welcome.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

    #2
    Originally posted by midlandslandlord View Post
    My guess is yes in theory, but that it may get tripped up if they have not yet been disposed of and it gets into scheme arbitration or court.
    How about "My appliances would have been worth £300 if sold, and yet the landlord has paid £50 to have them carted away???"

    Comment


      #3
      Originally posted by Ericthelobster View Post
      How about "My appliances would have been worth £300 if sold, and yet the landlord has paid £50 to have them carted away???"
      Suggestions as to what to do with about 6 appliances welcome then ... washer, freezer, fridge, fridge, microwave, Baby Belling type cooker.

      If they are worth that, then ex-T should not have abandoned them.

      What would you do, not being able to contact ex-T?

      Are you seriously saying that I shouldn't claim then launch a separate legal action for cost of disposal :-) ?

      ML
      Refer Mad Regulators to Arkell vs Pressdram.

      Comment


        #4
        What does the contract say the deposit may be used for?

        Comment


          #5
          If it comes to disposal then the council are not the cheapest, Freecycle is and will do someone else a good turn if the appliances are useable.
          I'm a good tenant with great landlords
          I'm also a living, breathing, fully cooked female.

          Comment


            #6
            Originally posted by Ericthelobster View Post
            How about "My appliances would have been worth £300 if sold, and yet the landlord has paid £50 to have them carted away???"
            That's technically correct. If landlord disposes of tenant's property he must sell it for its fair value and the proceeds still belong to the tenant (minus costs).

            Originally posted by Brb View Post
            If it comes to disposal then the council are not the cheapest, Freecycle is and will do someone else a good turn if the appliances are useable.
            I'd second that Council is generally not the cheapest option. I had a good experience with WasteCare: They collected an old washing machine for only £10+VAT.

            Comment


              #7
              If the applicances are working I don't see how putting them on ebay or gumtree to try and sell them is particuarly onerous. Ebay fees can obviously be deducted from the proceeds of sale along with a fair admin cost based on how long it takes you and a reasonable valuation of your time.
              Disclaimer:

              The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

              Comment


                #8
                Originally posted by westminster View Post
                What does the contract say the deposit may be used for?
                It seems to cover everything relevant, but all subject to a wear and tear allowance of course.

                1 - Any damage or compensation for damage to the property, its fixtures and fittings or for missing items for which T may be responsible.
                2 - Reasonable costs in compensating L, or for rectifying or remedying any major breach by T or T's obligations under the agreement, including those relating to cleaning.
                3 - Unpaid accounts for utilities, water charges, environmental services, other similar services, or Council Tax for which T is liable.
                4 - Rent or other monies due or payable under agreement of which T has been made aware and which remains unpaid.

                ML
                Refer Mad Regulators to Arkell vs Pressdram.

                Comment


                  #9
                  I would suggest 2, could be applicable as T has a duty to return property in similar condition at end of T ie remove all personal items.
                  Cleaning costs are allowable as it should only remove dirt attributable to T ocupation.
                  If you find a wallet containing £300 in the street and you hand it in to Police, no-one claims it within specified time, title to wallet & contents transfers to finder.
                  A LL may have H&S considerations if disp of certain items via ebay or freecycle
                  I would have few qualms with claiming cost of disposal against deposit at the end of required protection. Without possession how can T say they were worth £x?

                  Comment

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