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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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When I moved out of my rented property, my landlord disputed

Resolved Question:

When I moved out of my rented property, my landlord disputed the deposit. The DPS have now made their decision but I have asked for some items that I left in the property. Am I entitled to these back. The items were 2 sets of curtains, a kitchen blind, a garden fence, a garden gate.
Many thanks. Su Cooper
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
In general terms, your belongings will remain yours. But things like a fence and gate sound like you have done work to the property probably replacing an existing fence and gate. Did you discuss this with the landlord at the time and did you have an agreement about what to do about them when you left.
Also when did you leave and why did you leave the curtains and blind behind? Could anyone think they had been abandoned?
Customer: replied 2 years ago.

The erection of the garden fence, gate and garden stones were discussed and agreed with the landlord. He did mention that he would like the garden returned to it's original state when I moved out, but when he came to visit he looked at the fence and agreed it was a job well done and really liked it so I thought that meant he wanted to keep it.

The curtains and blind were left in good faith.

The landlord gave me notice as he wanted to move back into the property, and I left early to make things easy for him.

The property was left in immaculate condition so I was very, very surprised to find out from the DPS that my deposit was in dispute. The deposit was £1500 and I agreed to pay back £200 to take down the garden fence (which was one of the things in dispute). The DPS eventually awarded me back £865.

Because of this I would like my belongings back.

Am I being unreasonable?

Many thanks. Su

Expert:  LondonlawyerJ replied 2 years ago.
Why did you not take your curtains and blinds when you left. Did you effectively give them to the landlord?
Customer: replied 2 years ago.

As I mentioned before - I was asked to leave the property earlier than the correct notice period so was quite rushed. I just left them in good faith as I really didn't need them.

Because of the way things have turned out I would like them back. The curtains and blind were never mentioned when I left.

Many thanks. Su

Expert:  LondonlawyerJ replied 2 years ago.
When did you leave?
Customer: replied 2 years ago.

I left at the end of February 2015.

But it has taken this long for the DPS to decide on the award.

Expert:  LondonlawyerJ replied 2 years ago.
I think you won't be able to get your curtain and blinds unless the landlord agrees as you have basically left them and now several months have passed. This amounts to abandonment in law.
If the fence and garden gate are still there I think it would be hard for you to argue that they are still yours either. What did DPS decide about the fence and gate.
Customer: replied 2 years ago.

During the DPS dispute I had to put my case forward - and in my response I asked for the curtains, blind, garden fence, garden gate to be returned. When the DPS made their decision they mentioned that they would not get involved with this request - only with the deposit in question.

Many thanks for your response - I just needed to know where I stood.

Do you think it is unreasonable to ask for them back though - I did ask the estate agent who said I would have to contact the landlord direct, which I'm happy to do but just wanted to get some advice before I contacted him.

Many thanks. Su

Expert:  LondonlawyerJ replied 2 years ago.
It is not unreasonable to ask for them back but if the landlord says no there will be nothing in law that you can do as he can legitimately say you left them behind when you left and can not resurrect your ownership after the dispute.
There is often a clause in the tenancy agreement entitling the landlord to do what he wishes with belongings left behind.
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