Furniture left in a unfurnished flat by previous Tenants

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    Furniture left in a unfurnished flat by previous Tenants

    i have recentley moved into a "unfurnished flat" however it is fully furnished with the old tenenats furniture. As this was let as unfurnished and is full of abandoned furniture who does it belong to and is the landlord allowed to ask me to purchase any item i wish to dispose of from him?

    #2
    Why not ask the landlord, and get back to us if you don't like/understand the reply?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      The Landlord is at fault for not removing the furniture.

      The furniture presently there is not yours to dispose of. If it belongs to the previous tenant, ( or the landlord ) you will not be asked to purchase it as the flat was advertised ( I assume ) as an unfurnished flat.

      At first, when getting the keys to move in ( start date of tenancy ) you should have immediately stated that your unfurnished flat is fully furnished and who is going to pay for the £ 60 per day van hire you have that is full of your furniture, which you can't unload as furniture is already in the flat, and will remain full at £ 60 per day chargeable to the landlord untill the old furniture is removed.

      That is the worst condition you could have found yourself in, and could have actualy happened ?.

      Tell the agent today that they have not cleared the flat and within 24 hours, if not emptied ( mark your items not to be removed ) you will charge the agent / landlord for the disposal of same.

      I assume also the inventory did not state, inculded bed, table chairs etc ( or what ever was in the flat when you moved in ).
      If there is no furniture on the inventory ( states what you are getting and the condition of the flat ) then in theory you can dispose of the stuft or keep it for yourself.

      You should have contacted the landlord / agent as only they can tell you what THEY are going to do about it. But tell them you have been extremely inconvenienced in time and money.

      Comment


        #4
        I have spoken to the letting agent and they have in turn spoken to the landlord who has stated that if we want anything removing we have to either purchase the items or remove and replace like for like upon leaving the property.

        The inventory states white goods only. Nothing about sofa dining table bed wardrobe and bedside tables etc.

        We spoke to the letting agents the day we got the keys and came over to get the flat ready and walked in to find all the previous tenants items left. Letting agents told us that if we wanted to get anything removed to contact them and they would have it removed. We told them we wanted virtually all the items rmoved they then contacted the landlord to arrange removal. However this is when he came back and said he would not remove anything but we can purchase it of him or remove and replace like for like when we leave. The furniture was left by the previous tenants who did a moon light flip. The flat has since been empty for over 6months (this was found out by speaking to neighbours. Before taking the flat)

        Currently our items are at family and friends houses and also stored in to out buildings until we get the furniture removed. which means hiring another van to move everything to our new property.

        Comment


          #5
          Were these items mentioned in inventory???

          I would be very inclined to (write 1st the do it 1 day later) tell agent AND landlord that you will place said items in garden, they are not your responsibility....

          However the legal position is trickier..

          I think you have sadly found a useless/untrustworthy agent & landlord and should plan on getting out as soon as possible. Sorry!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            No these items where not mentioned in the inventory as the landlord was supposed to have everything removed before the tenancy commenced.

            I am fully tempted to but i am worried about the legal stance on this.

            We are bound to a 6month AST which at the end of this period we will highly likely at this rate be moving on if this is how they treat new tenants, then i am not surprised the property was empty for 6months or more.

            Comment


              #7
              Do you have anything in writing that the flat was unfurnished, such as a newpaper add, a copy of the web page, the single sheet of information from the agent ?

              As you are going to have to move, as if this is the problem you get on your first day at the property, what's going to be next ? Boiler packs up in winter ( 4 months away ) and he says fix it yourself ?

              As I think you will be looking for another property, and suggest you do, the worst thing a landlord can do is throw you out, but not until the end of the 6th month tenancy if you have not breached the terms of your A.S.T rental agreement.

              If it was me, and I am known for being confrontational and unorthodox, but still acting within the law ( most of the time ) As the tenant has not claimed his / her furniture, the landlord can legaly dispose of it.
              I would demand the furniture be removed immediately otherwise you will have it removed, charge the landlord for removing the furniture ( and for lieing to you ) and compensation for having to store your furniture elsewhere.

              You put it in writing by letter that unless above is done within 4 days ( you could still have a van full of furniture parked outside ) you will remove everything and the cost will be taken out of your future rent.
              As I said, he can only ask you to leave if you go against the A.S.T. before 6 months.

              Also, when you leave, the inventory will show that there was no furniture in the flat, so he wont win anything in court.

              Up to you, but you have to do something, and a few letters wont harm you as you will be leaving in 6 months time. But letters tomorrow.
              In my mind, the landlord can't touch you ! He may try, but we wont win.

              Comment


                #8
                Originally posted by ram View Post

                Also, when you leave, the inventory will show that there was no furniture in the flat, so he wont win anything in court.
                ...Until he provides the written evidence from the tenants themselves that there was indeed furniture in the property.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Originally posted by thesaint View Post
                  ...Until he provides the written evidence from the tenants themselves that there was indeed furniture in the property.
                  Yes, Yorkjames has to be made aware of all or most of the permutations of this sorry state of affairs.

                  But the flat was advertised and taken as unfurnished, with inventory stating no furniture was there.
                  He is within his right to demand the furniture be removed, and if not removed, it will be disposed of at the landlords cost.
                  The Landlord cannot dispute that it was let as unfurnished, but now wants to be paid for furniture that should not be there.

                  Have furniture removed 7 days after hand delivering the notice to remove the furniture.

                  Comment


                    #10
                    In addition, I would make sure that you write to the Inventory Clerk, hopefully you still within the timelimit and detail everything which differs from the Inventory and the condition of the flat when you moved in. If out of specified time on inventory, write to the agent and send in a manner that you have proof of posting. If the landlord is suggesting you pay for furniture I would be concerned that at the end of the tenancy he will most likely find lame excuses to make deductions. You will rely on this evidence if you are to dispute any deductions. If the inventory is not correct, the landlord will have very little recourse. Also make sure that your deposit is correctly protected within the 30 day time limit. The landlord or Agent needs to provide evidence of this together with other literature. I am a landlord myself and it really annoys me when landlords are unreasonable as reputable landlords get tarred with the same brush.

                    Comment


                      #11
                      Hi Yorkjames

                      I would be interested to know how this was resolved? Also, if the inventory included images as these would show the furniture yet contradict the lack of mention in text. The furniture could also be hiding damage that is not mentioned in the inventory so the whole situation you have been put in is completely unacceptable.

                      I assume the furniture was there when you viewed the property advertised as unfurnished? Did you have any correspondence with the agent or landlord about it's removal that you could refer to?

                      Comment


                        #12
                        Originally posted by ram View Post
                        Yes, Yorkjames has to be made aware of all or most of the permutations of this sorry state of affairs.

                        But the flat was advertised and taken as unfurnished, with inventory stating no furniture was there.
                        He is within his right to demand the furniture be removed, and if not removed, it will be disposed of at the landlords cost.
                        The Landlord cannot dispute that it was let as unfurnished, but now wants to be paid for furniture that should not be there.

                        Have furniture removed 7 days after hand delivering the notice to remove the furniture.
                        OP - I would not follow this advice. The furniture is not your to dispose of as you see fit. Until it is proved to you otherwise, it belongs to the previous T. Your disposing of it as you see fit would amount to theft.

                        ram - it is the LL's responsibility to deal with the property, and I do not understand why in most previous threads where a T has left furniture the LL is advised, not necessarily by you, to store it and write to the outgoing or departed T to avoids a counter claim for loss or damage etc? All that seems to have been ignored or overlooked in this case, and encouraging the OP to assume the rights of an owner, which they are not entitled to do is potentially risky for them.

                        OP - this is the LL's problem, in my view you should make the LL deal with it, and not make it your problem by doing wrong.

                        pm
                        Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                        Comment

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