Soiled Furniture and Inventory

ArtieSmartie

Hello, First time here! I am about to sign a contract for a new property. Up until yesterday the LL was in agreement about moving some, if not all, of the furniture in the property. Just last night we got an email to say that we had been misinformed and the property was furnished, always had be furnished and always will be. BUT, we could move some of it out and store it at our expense (adding another £150 per month to our total bill). We have various emails where he has agreed to move the furniture himself --he even arranged for us to go to the property to look at what we needed to have moved! Right, so with Christmas and our own impending deadline of having to move out of our current property at the very start of January, we are in an impossible situation. If we confront him he could walk away, but if we sign and contest later, we would have agreed to a furnished property. The man is a liar and has totally destroyed my trust in him. He lives overseas, it is a private rental not through a LA, and the keys will be handed over by a neighbour who we know has the keys (let us in previously). There is nothing else on the market at the present and I will be homeless in 2 weeks. We need this property and the man knows it. Further making this a bad situation is that when we viewed the property this week with the furnishings in, we noticed that the condition of items were generally very poor--including two stained mattresses (one looked like blood and the other urine). We are a professional couple--this is not a "cheap" place so I was amazed that this stuff was in there. The LL sent an inventory for our information. No photos. He regards everything as good condition. I do not agree at all. We have yet to confront LL as NEED the house!!! So, can the LL let the place with bodily fluids on it? And what would happen is we refused to sign the inventory? Thanks and sorry for the long post!

G_M

Walk away. You will have other problems with this overseas landlord.

Who/how will your rent be paid? Direct to his bank? You do realise you have to deduct his tax don't you? HMRC can charge you at the end of the year if it's not paid!

Do not sign unless:
You've confirmed he really owns the house. Check the Land Registry.
You've seen proof he has his mortgage lenders permission to let (if mortgaged - see the Land Registry again)
He's confirmed his tax position above.
He's confirmed what happens to your deposit.
You have a UK address where you can serve official notices on him - this is law. Without it you don't have to pay rent!
You've got an agreed inventory - one that reflects the current condition to your satisfaction.

ps - if you pull out it causes you problems, but him too. He'll have an empty house (= no rent) till at least new year, and then have to advertise again.

ArtieSmartie

Thanks for the reply. We have checked the land registry, we do have a uk address for him (family member). we have a lawyer who is verifying the details of LL in the overseas country (happens to be a friend of a friend!), he will put the deposit into a DPS and the rent is to his UK bank account. We have done all that we can humaly do to ensure that it is legit. So much so, that we think that we have annoyed him into keeping the furniture there (or it could have been his intention all along). Anyways, I guess what I am asking is can we refuse to sign the inventory? What ramifications would there be? Can we force LL to move or replace mattresses due to bodily fluid stains (like some violation of health codes?).

G_M

I guess what I am asking is can we refuse to sign the inventory? Of course. And you should unless it is accurate.
What ramifications would there be? Well, he might refuse to grant the tenancy. Or if the tenancy goes ahead but without signed inventory, the LL will be unable to make any deduction from your deposit at the end for missing/broken items
Can we force LL to move or replace mattresses due to bodily fluid stains I doubt it. The property comes in the state and with the contents that you agree to. If you can't agree, don't sign.

and the rent is to his UK bank account. So unless he has dispensation from HMRC, you are responsible for his tax.

PasturesNew

Is storage really that much? I have something about 4' square and 8' tall for £25/month.

t0rt0ise

It would be cheaper to simply replace the mattresses yourself especially if you are intending to stay there for some time.

ArtieSmartie

Thanks for the replies. We will only be there a short time. we are renting to get my son into the local school and then will find a cheaper and nicer property. I am most angry that the LL bare faced lied to us about the furnishings, and actually emailed to ask us if we wanted it unfurnished and he would be happy to help--then asked us to view the property to see what we wanted to stay/go (email about that too with reference to furniture removal) followed three days later by another email where he seems to have forgotten it all and blamed the original LA for midleading us. If I had a choice, I would walk away, but the tenancy I currently have expired in 2 weeks. the insult to injury is the condition of the stuff. I feel like a student. And sadly am paying through the nose for it. I know our plight seems trivial and on the surface I would agree. But one thing I cannot abide by is lying. So, would we be well within our rights not to sign the inventory or if we did document the true condition of the stuff? What would he be able to do to us? Can you let furniture with obvious bodily fluids on it? I know that in most other arenas it would be taken and destroyed. Sorry to moan. Just frustrated with unscrupulous LLs.

G_M

ArtieSmartie wrote: »

...... So, would we be well within our rights not to sign the inventory Already answered above
or if we did document the true condition of the stuff?Already answered above
What would he be able to do to us?Already answered above
Can you let furniture with obvious bodily fluids on it?Already answered above
I know that in most other arenas it would be taken and destroyed. Sorry to moan. Just frustrated with unscrupulous LLs.

Errr..... Already answered above

Wings

ArtieSmartie wrote: »

Thanks for the replies. We will only be there a short time. we are renting to get my son into the local school and then will find a cheaper and nicer property. I am most angry that the LL bare faced lied to us about the furnishings, and actually emailed to ask us if we wanted it unfurnished and he would be happy to help--then asked us to view the property to see what we wanted to stay/go (email about that too with reference to furniture removal) followed three days later by another email where he seems to have forgotten it all and blamed the original LA for midleading us. If I had a choice, I would walk away, but the tenancy I currently have expired in 2 weeks. the insult to injury is the condition of the stuff. I feel like a student. And sadly am paying through the nose for it. I know our plight seems trivial and on the surface I would agree. But one thing I cannot abide by is lying. So, would we be well within our rights not to sign the inventory or if we did document the true condition of the stuff? What would he be able to do to us? Can you let furniture with obvious bodily fluids on it? I know that in most other arenas it would be taken and destroyed. Sorry to moan. Just frustrated with unscrupulous LLs.

There is a legal requirement for all LLs letting furnished property to comply with Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993). In short the furnisher, bedding etc should be both fire resistant and be labeled to that effect. Another reason why i as a LL let unfurnished properties, less hassle!!


http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38123.html

Geenie

Wings wrote: »

There is a legal requirement for all LLs letting furnished property to comply with Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993). In short the furnisher, bedding etc should be both fire resistant and be labeled to that effect. Another reason why i as a LL let unfurnished properties, less hassle!!


http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38123.html

OP, this is what you need to factor on. Does the property let as furnished comply witht the law? You can google this question quite easily and get lots of information on the standard required.

I would walk away. Good luck OP.

G_M

Geenie wrote: »

OP, this is what you need to factor on. Does the property let as furnished comply witht the law? You can google this question quite easily and get lots of information on the standard required.

I would walk away. Good luck OP.

There is no longer any legal concept as 'furnished let'. There is only general tenancy law (extensive) and specific laws relating to contents (eg electrical or fire safety related). Whether a property is advertised as furnished or unfurnished is irrelevant.