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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I have rented out my furnished property but the tenant has

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I have rented out my furnished property but the tenant has disposed of my perfectly usable furniture and replaced it with their own. What rights do I have to either recover the costs of replacement or retain their furniture when it comes to ending the tenancy. The Agreement has a specific clause relating to "furnished" items provided. Whether I move back in or rent it out again - it still needs furniture!

wingrovebuyer : Hello. The tenant had no right to do this as it was clearly part of the agreement that certain furniture was provided by you. Accordingly, you can demand compensation from the tenant. You could deduct a reasonable figure from the deposit paid, if that would cover it, or the whole deposit if not, plus you could sue the tenant for the balance. There could be an issue with the value of the furniture, but there is no question as to the tenant's liability to repay you.

Thanks. It is much as I had thought. Is it in order to claim breach of tenancy agreement or at very least state in writing your comment to the tenant? Should I wait to the end of the tenancy (May 2014) or act now?

wingrovebuyer : I think you should act now by writing to the tenant and saying that she / he has unlawfully disposed of your property and you either want it back or you want compensation. Suggest a figure if you can, and see what happens. If they refuse, you can withhold the deposit or sue for the compensation you asked for. Best, WB

Thank you for your reply. I shall write to the tenant stating the issues (by recorded delivery) and await a written reply. I will also state that I shall reserve the right to issue a Section 26 notice on the grounds of a breach of the tenancy agreement to clarify the legal situation. However, I would consider this a last resort. The deposit of £400 is now forfeited. The insurance of said goods (contents) may arise ... should I leave them out of the equation or advise them? (My final question!!!).

wingrovebuyer : Do you mean claiming on the insurance or the cost of insurance? If the latter, you can probably claim a sum for that too as you've been paying out unnecessarily. Best, WB

Guess making any part insurance apportionment would not be easy. Will stick to main plan adding that tenant will need their own contents insurance (mine is renewable May, so will bear with for the moment!). Seems pointless claiming through insurance when it can be reclaimed from the tenant. Thanks for your help. Any closing comments would help then I can rate your service as excellent!

wingrovebuyer : I'd agree - stick to the main claim. Best, WB


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