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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9668
Experience:  I have been practising for 30 years.
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My son, his wife and our grandson went to view a rented

Customer Question

My son, his wife and our grandson went to view a rented furnished house in Nottingham. They went to the top of their budget as it was furnished. The Letting agent said the landlord was happy to leave everything. They agreed saying they didn't want the bed in the master bedroom. They were meant to pick up the keys last Thursday but were told no-one was available so got the keys Friday when he signed the contract. On entering the property he found half the furniture and kitchen curtains were missing. He reported it immediately and was told someone would get back. They didn't. On Sunday my daughter-in-law went on to gumtree and found the rest of the furniture was on there. She messaged the seller and the items were removed. They want the furniture they verbally agreed with the Letting agent and would not have signed the contract had they known it was missing. Where do they stand?
Submitted: 29 days ago.
Category: Law
Expert:  F E Smith replied 29 days ago.

Hello - was there an inventory? who was the seller of the items on gumtree?

Customer: replied 29 days ago.
The inventory was given after the contract was signed - the missing items were not on it - my son only found out on entry to the property. The landlord was the seller - the entire contents of the house were put on gumtree the day they agreed to have it - August 30th
Customer: replied 29 days ago.
I have done this on my I-pad and have to go out - would it be possible to e-mail your answer and I'll pick it up on my mobile - alternatively I will leave the I-pad on and get your answer on my return. Thanks***@******.***
Expert:  F E Smith replied 29 days ago.

Thank you.

Had an offer of a telephone call, it comes out automatically. We can just continue on here.

There are 2 contracts here. There is the contract for the letting which has to be in writing and signed by the parties (it is a contract for land and the Law of Property Act 1925 applies) and there is the contract for the contents.

A non-land contract does not need to be in writing although it does provide certainty if it is. For there to be a binding contract there needs to be on offer and an unqualified (no conditions) acceptance and then there is a binding contract.

My suggestion would be to tell the landlord that unless he removes these things from gumtree and puts them back in the property, then they will be claiming the cost of those items from him that they need to put back in the property.

The logical thing to do would be to buy them from the landlord put them in the property and then sue him for the cost of them in the Small Claims Court. After all, he is no worse off doing it that way than if he had simply left them in the property in the first place.

Can I clarify anything for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 29 days ago.
Thank you - when they questioned him on Sunday he took down the remaining items - the problem is the half he has already sold, dining table and chairs, chest of drawers, armchair, wardrobe, shelving unit etc
Customer: replied 29 days ago.
They replied to the gumtree ad for the settee - they have had no direct contact with him
Expert:  F E Smith replied 29 days ago.

If they need to replace the items that have already gone, they need to get them from somewhere and seek the cost from him, through the county court if necessary.

F E Smith and other Law Specialists are ready to help you
Customer: replied 29 days ago.
Many thanks - you have been very helpful
Customer: replied 26 days ago.
Hi
The landlord has offered £125 - if they don't accept they can leave - is this legal?
Expert:  F E Smith replied 26 days ago.

Hello again.

The landlord can offer what he likes. Whether they take it or not is a different issue altogether.

The landlord is stuck with them until the end of the term although after 4 months, he can give them 2 months notice to quit at the end of the term.

Although he could well be without a tenant for a month or so and hence be shooting himself in the foot, some landlords are just difficult and illogical.

Customer: replied 26 days ago.
Thanks again
Expert:  F E Smith replied 26 days ago.

I am glad to help

Regards

FES