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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My landlord has left his items in the property saying that

Customer Question

My landlord has left his items in the property saying that they are part of furniture and refuses to remove them. In the contract it says that the landlord should remove all items of his. It was not made clear to the tenant that crockery etc will be provided before signing the contract. Is there anything the tenant do? And with 12 months (6 month break) can the land lord break at 6 month to rent it to another tenant?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this.

Alex Watts :

What items are included that you say are not part of the tenancy please?

JACUSTOMER-kk5pdthr- :

Kitchen ware, linen, broom etc

JACUSTOMER-kk5pdthr- :

The contract says that the tenancy includes all matter including fixture and fittings in the inventory

Alex Watts :

What was your understanding of what would be left?

JACUSTOMER-kk5pdthr- :

but we obviously didnt see the inventory until we moved in

JACUSTOMER-kk5pdthr- :

nothing apart from the fixture and fittings

JACUSTOMER-kk5pdthr- :

it was not made clear to us that other items will be left behind

Alex Watts :

Ok - what do you want to achive?

Alex Watts :

Can't you put everything you dont need in the garage or loft?

JACUSTOMER-kk5pdthr- :

We don't have enough space in the flat to do so...

JACUSTOMER-kk5pdthr- :

Also worried he is going to break the contract in 6 months if we persist with this matter.

JACUSTOMER-kk5pdthr- :

but I think we are right in asking to remove the items

Alex Watts :

If you dont want them then ask for them to be removed. You can do that

Alex Watts :

Is that what you want to do?

JACUSTOMER-kk5pdthr- :

but he has refused to do so

Alex Watts :

Ok - on what basis?

JACUSTOMER-kk5pdthr- :

that furnished property usually means that it comes with kitchen ware and linen

JACUSTOMER-kk5pdthr- :

that we should have asked before signing the contract to remove them

JACUSTOMER-kk5pdthr- :

but it was not made clear to us

Alex Watts :

But it was advertised as furnished?

JACUSTOMER-kk5pdthr- :

yes

Alex Watts :

What did you assume that included?

JACUSTOMER-kk5pdthr- :

furniture

JACUSTOMER-kk5pdthr- :

fixture and fittings

Alex Watts :

Ok let me have a think about this one

JACUSTOMER-kk5pdthr- :

ok thank you

Alex Watts :

Ok, this is a hard one. Its really 50/50

Alex Watts :

On the one hand the property did say it was furnished so you should have asked.

Alex Watts :

On the other the Landlord could have done with giving you the inventory before you moved in

Alex Watts :

Clearly the Landlord does not want to move anything

Alex Watts :

There are several options

Alex Watts :

1) You use the stuff left - that is the cheapest and means you dont have to buy the item

Alex Watts :

2) You insist the Landlord moves it

Alex Watts :

If he does not say you will put it into storage and he will bear the cost

Alex Watts :

Clearly you want a solution which is ideal, that is why I suggested putting it in the loft etc.

Alex Watts :

But that is what you should do, you do not need it and either the Landlord removes it, or it is placed into storage

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-kk5pdthr- :

Yeah all clear. So I can't enforce the landlord to take the items right?

Alex Watts :

No, but you can store and charge for cost

Alex Watts :

Does that help?

JACUSTOMER-kk5pdthr- :

But I can't enforce the cost though right?

Alex Watts : Yes you could. You could seek a county court judgment with costs.
Alex Watts : Does that clarify?
JACUSTOMER-kk5pdthr- :

yeah it does. thank you

Alex Watts : Great, if I could invite you to rate my answer before you go today.
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Alex Watts :

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