Property Rental Issue - Advice Appreciated

Erosion

I have just moved into a rented property on a 6 month lease and have found the furniture we requested to be moved out is still in the flat on arrival.

The letting agent is now being extremely unhelpful and basically lying to us, even having the cheek to deny we even requested it, despite the fact the person dealing with this rang the landlord in front of me to ask if the furniture could be removed. Several phone calls have resulted in various different stories - firstly it would put them in an 'awkward situation' if they rang the landlord and it finally moved towards the 'wheres the proof you even asked for this'. It felt that the person was more covering their own back, rather than trying to help resolve the issue.

Just wondering where we stand on this from a legal perspective - is it a break of the tenancy agreement on their part - I have an email stating that the 'beds' would be removed but the rest of it was via a conversation in person (which of course, has been totally forgotten by the person in question).

Any help on this matter would be much appreciated. I find it disgusting that a reputable letting agency would be treating tenants in such an unhelpful manner.

clutton_2

if you have your landlords contact details write to them directly - but - it may be that the landlord wants to keep the furniture there......

was it advertised as unfurnished ?

Cissi

Unfortunately, if you have nothing in writing I fail to see how it can legally be a "breach of the tenancy agreement". Hopefully the email about the beds would strengthen your case, but basically I think you'll have to come to some sort of an agreement with the LL.

In any case, I would have thought the thing to do RIGHT AWAY is to stop communicating in person/over the telephone with either the agency or the LL. PUT EVERYTHING THAT HAS BEEN AGREED IN WRITING ASAP, including dates of conversations and any evidence that you may have. Send this to the LL by Recorded Delivery and cc the LA. Since you probably don't have a legal leg to stand on, it's best to keep it non confrontational. I would write something along the lines of "there has clearly been a misunderstanding, since the furniture that we agreed on X date would be removed is still in the flat" and see how they respond.

Fire_Fox

Erosion wrote: »

I have just moved into a rented property on a 6 month lease and have found the furniture we requested to be moved out is still in the flat on arrival.

The letting agent is now being extremely unhelpful and basically lying to us, even having the cheek to deny we even requested it, despite the fact the person dealing with this rang the landlord in front of me to ask if the furniture could be removed. Several phone calls have resulted in various different stories - firstly it would put them in an 'awkward situation' if they rang the landlord and it finally moved towards the 'wheres the proof you even asked for this'. It felt that the person was more covering their own back, rather than trying to help resolve the issue.

Just wondering where we stand on this from a legal perspective - is it a break of the tenancy agreement on their part - I have an email stating that the 'beds' would be removed but the rest of it was via a conversation in person (which of course, has been totally forgotten by the person in question).

Any help on this matter would be much appreciated. I find it disgusting that a reputable letting agency would be treating tenants in such an unhelpful manner.

Firstly it is important to understand the letting agency does not work for the tenant, they work for the landlord. This is a business, the least work they can do for the most money will mean they make a profit. You now have a heads up that this agency cannot be trusted, put EVERYTHING into writing from now on - all concerns over the property, requests to alter the property in any way. Keep copies of all letters and recorded delivery receipts in case of dispute over your damage deposit at the end of the tenancy.

If your letting agency is willing to lie to you then continuing to deal with such a sensitive situation by telephone seems rather unwise, and continuing to deal with the letting agency seems futile. Write to your landlord directly and request that the furniture is moved out as per conversation on x date with y person. If you do not have the landlord's address you can request it from the letting agency (in writing only).

If you do manage to get the furniture removed you must get the dual signed inventory amended accordingly, if you push forward with this be aware the letting agency may wish to charge you as it costs time and effort to remove and replace the furniture. As you don't have a written agreement you probably don't have a leg to stand on in arguing otherwise.

Erosion

Thanks for the responses. It has been my fault for not getting every last thing put in writing and trusting someones word in this business area.

The property was advertised as 'Furnished' or 'Part Furnished'

I only have the landlords name unfortunately, I will attempt to get hold of the number as I suspect the problem here is the letting agent person basically making a mistake but instead of admiting it, she's decided to go down the 'total ignorance' route.

All further correspondance is going in writing and photos have been taken of every last mark and dent which was there before we moved in as the letting agents are clearly untrustworthy and are sure to try to keep as much of the bond as possible.

Fire_Fox

Erosion wrote: »

I only have the landlords name unfortunately, I will attempt to get hold of the number as I suspect the problem here is the letting agent person basically making a mistake but instead of admiting it, she's decided to go down the 'total ignorance' route.

All further correspondance is going in writing and photos have been taken of every last mark and dent which was there before we moved in as the letting agents are clearly untrustworthy and are sure to try to keep as much of the bond as possible.

You have no right to the landlord's telephone number, only his address and only if your request this in writing.

It is not your job to document the condition of the property at the start of the tenancy, it is the letting agents. Is there not a dual signed inventory detailing the contents and conditions of all fixtures, fittings and furnishings including any marks or dents? You will struggle to prove any photos are really from your first day unless each includes sight of furniture that is later removed, or you e-mail copies to the agents at an early stage.

I know it's a long way off but the important things for checkout are to read your contract and see what must be cleaned to a professional standard, compare your efforts with the inventory, ALWAYS attend checkout with a bucket cloth and spray, photograph the condition of everything including a copy of a newspaper from your last day. Do not get confused between dirt/ accidental damage and wear and tear: scuffs and stains and not wear and tear.

Erosion

Fire_Fox wrote: »

You have no right to the landlord's telephone number, only his address and only if your request this in writing.

It is not your job to document the condition of the property at the start of the tenancy, it is the letting agents. Is there not a dual signed inventory detailing the contents and conditions of all fixtures, fittings and furnishings including any marks or dents? You will struggle to prove any photos are really from your first day unless each includes sight of furniture that is later removed, or you e-mail copies to the agents at an early stage.

I know it's a long way off but the important things for checkout are to read your contract and see what must be cleaned to a professional standard, compare your efforts with the inventory, ALWAYS attend checkout with a bucket cloth and spray, photograph the condition of everything including a copy of a newspaper from your last day. Do not get confused between dirt/ accidental damage and wear and tear: scuffs and stains and not wear and tear.

Thanks for the further information. We emailed copies of the photos to the agents within a couple of hours of moving in (Friday), with their furniture visible where possible, as we have had issues before with this.

The inventory was given to us to be signed and returned within 7 days so we will be working through all that later today - we've already noticed several items on there which aren't even present in the property - its like they half unfurnished it and then couldn't be bothered with the rest.