Expensive washing machine left at previous property legal advice..

ILW

lucasmeister wrote: »

Lets say I forgot that I left it there. Arnt they meant to contact me to give reasonable notice that they are keeping it or selling it if I do not collect it?

No, they are not your mother.

Mum_of_3_3

lucasmeister wrote: »

Lets say I forgot that I left it there. Arnt they meant to contact me to give reasonable notice that they are keeping it or selling it if I do not collect it?

Did you have an inventory when you moved in and some sort of check-out service when you moved out? If not how were the Uni meant to know the washing machine in your house was yours and not one that the Uni had installed (or inherited from another student) if you didn't tell them it was yours?

I think there is some kind of law that landlords have to keep tenants property for a period of time after they move out so you may be able to get it back on that. How long it will take you and how much it will cost I don't know.

loubel

lucasmeister wrote: »

Last year, they said that I could just go and ask for money from the new tenants so they could buy it off me or if they dont want to, that I could take it.

If you said that then the uni wouldn't contact you to remove it as they would assume that as you didn't take it you gave/sold it to the new tenants...

kmmr

We are probably being a bit harsh on you - obviously you are a student and this is a learning experience. If you value a good, then you have to take care of it, and not assume that others will do it for you.

You should have got the agreement from the university in writing, but there is an obligation for a landlord to try and contact a tenant if they abandon goods. You can search for threads here, generally by landlords trying to do the right thing, but also not super keen on providing a free storage service while they try to track down tenants.

I find that tenants have a terrible habit of thinking 'oh, I don't want this, but I won't throw it away as I am sure the next people will love it, and it seems such a waste'. In reality NO-ONE wants your old plates/mismatched armchair/shopping trolly/'almost unused' bedding... The landlord just gets left with some extra random stuff to get rid of!

The new tenants would have been perfectly within their rights to get rid of it, and certainly will probably not care for it as you would. If you get it back, what happens if it is broken?

So, if it's of value to you, keep it with you, or agree how it is to be looked after.

maninthestreet

kmmr wrote: »

The new tenants would have been perfectly within their rights to get rid of it.

No they wouldn't.

kmmr

maninthestreet wrote: »

No they wouldn't.

Well, they would after they tried to contact the tenant and followed the rules around the 90 days, or whatever the general guidance is.

If the tenant said 'I am leaving this item here, it's yours to use, and at some stage in the future I may or may not come back', then surely they have a right to do what they want with it. What if it broke? Is the new tenant obliged to hang onto on the off chance that the original tenant returns at some stage? What if they don't like it? Or have their own??

I know there are rules around abandoned property, but surely there is a limit...

Jowo_2

Don't' assume that you have an AST. Do you actually have this type of contract?

And what does the contract say about uncollected goods? I mean the specific wording as opposed to your assumption that the landlord should keep them for you free of charge after you have abandoned it until you are ready to collect it.

And was any of the advice given by the University set down in writing or was it just verbally given?

The Torts (Interference with Goods) Act 1977 sets down a procedure that the landlord has to follow for uncollected goods. Shelter or Citizens Advice Bureau will tell you your rights and the any steps you can take to address the situation following your failure to take responsibility for collecting the washer/dryer.

For instance, it may have obliged the Uni to try and trace you to serve you a notice to collect it, or it may be premised that if you did not make an effort to claim them within 90 days, the landlord has no obligations towards you. hopefully someone can clarify whether or not the Uni was obliged to care for the belongings you abandoned.

Here is some basic pointers on this act, though it is aimed more at advising landlords of their responsibilities.

http://www.landlordzone.co.uk/uncollected_goods.htm

TrickyDicky101

Isn't it rather irrelevant what the university says anyhow? The new students who are renting the property would have to grant access to the property for removal of the goods wouldn't they? Have you tried asking the new tenants? Although I doubt they would willingly give up the washing machine as 1) they can't know it is actually yours and 2) it's probably useful to them.

I hope this would serve as a salutary lesson to you to get things in writing in future and make suitable provision for your own stuff.

mrcol1000

lucasmeister wrote: »

Wasnt exactly storage, it was in the place where the washing machine goes. It didnt cost them anything to keep it there. Last year, they said that I could just go and ask for money from the new tenants so they could buy it off me or if they dont want to, that I could take it. Now there denying they said that..

The thing is its quite obvious that you couldn't take this washing machine home for a few months and then take it back to your new house so you thought just leave it there till you want it back. Problem solved! But you can't just do things like that in normal life. Use this as a learning curve and just be careful next time. Also as you can get a decent but basic washing machine for £150 its a bit silly to spend £400 on a washing machine for a house your only temporary living in. What exactly would you have done if the uni demanded the washing machine be removed in 7 days or it would be taken to the dump?

ILW

Just wondering what would happen if one of the new tenants electrocuted themselves due to a fault on the washing machine. Would the OP be liable?