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Landlord charging to remove one item

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  • seashore22
    seashore22 Posts: 1,443 Forumite
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    Actually having read your last post I am more on the landlords side, but there may be a misunderstanding here.

    You mention that the landlord was selling and couldn't "gift" the clothes rail, but could "gift" the blinds etc. That makes perfect sense. Blinds and shower screens are fixtures and fittings, a dismantled clothes rail dumped in the corner of a room is not in the same category at all.

    Having said all that, if I was the landlord I would have put the rail in the back of my car and taken it to the nearest charity shop.
  • do163600
    do163600 Posts: 38 Forumite
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    chappers wrote: »
    Bloody pendants I think the OP explained the charges in post #3.


    Err, no. As has already been pointed out, neither of those figures make sense.
  • seashore22
    seashore22 Posts: 1,443 Forumite
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    Op, this reminds me of a recent thread. The landlord on that one would have been delighted to accept anything you cared to leave.
  • stutoz
    stutoz Posts: 6 Forumite
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    I understand the points above, but again, nothing was specified, which i guess could work both ways. the fee still seems extremely high for such a small item. I have now taken the matter up with the DPS so will have to submit my 'evidence' for the remaining monies and wait and see what happens.
    In order to solve the VAT debate that seems to be simmering, the cost was £58.30 with VAT of £11.66, bringing the total owed to £69.96. Apologies to anyone offended by my rounding of figures
  • saajan_12
    saajan_12 Posts: 3,622 Forumite
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    stutoz wrote: »
    I understand the points above, but again, nothing was specified, which i guess could work both ways. - no, the default position is you have to leave it how you found it, so remove anything that wasn't provided. You are only relieved of that obligation if there is a sufficiently specific agreement with the LL (or his representative the surveyor) to the contrary. Either the DPS arbitration think
    a. 'furniture' includes a dismantled rail
    b. 'furniture' doesn't include a dismantled rail
    c. No agreement exists re the dismantled rail as its too vague.
    a-> you win; b or c -> LL wins, can deduct something.

    the fee still seems extremely high for such a small item. - agree its high, maybe not extremely.. if b/c above then the LL can charge for petrol, dumping fees, time to drive to property, load, drive to dump.. I have now taken the matter up with the DPS so will have to submit my 'evidence' for the remaining monies and wait and see what happens.
    In order to solve the VAT debate that seems to be simmering, the cost was £58.30 with VAT of £11.66, bringing the total owed to £69.96. Apologies to anyone offended by my rounding of figures- no offence, just people trying to clarify and help incase there's a mistake you didn't spot. Since you did spot it,
    no harm.

    Agree all you can do is wait for the DPS decision or settle for something in the middle with the LL.
  • pinkshoes
    pinkshoes Posts: 20,089 Forumite
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    Dear landlord,

    There seems to be some confusion over the furniture left behind.

    I was intending to sell my furniture, but upon discussion with the agent it was agreed that some furniture would be left behind to help sell the property.

    If this furniture is not to your liking, then I propose that you give me the opportunity to remove it all, and you can then have photos taken with an empty property.

    Given the furniture was left free of charge as a kind gesture, then it is unfair for you to then pick and choose which items you want.

    If you continue to claim £88 from my deposit, I withdraw my gesture of good will and will then counter claim for the second hand value of all furniture left.

    Kind regards,

    YOU
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Marvel1
    Marvel1 Posts: 7,172 Forumite
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    edited 14 November 2017 at 6:21PM
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    I'm with op, landlord wanted to keep some furnature then starts charging to remove a single item as doesn't like it.

    Shame it's too late from post 10 to take all your items back or is it?

    The bloody cheek of this year, I hope you get the full deposit from the deposit protection service.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Can a LL charge for removal of property - yes. However under the Torts (Interference with Goods) Act the OP should be entitled to collect it


    http://www.landlordlegalsolutions.co.uk/cms/document/Guide_to_tenants_possessions_left_at_property__LLS_.pdf
  • chappers
    chappers Posts: 2,988 Forumite
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    do163600 wrote: »
    Err, no. As has already been pointed out, neither of those figures make sense.

    Errr... yes. The amount is totally irrelevant to the OPs question.

    I would just raise a dispute with the TDS, you have written proof that it was OK to leave items
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