Furnished Rented Property - who is responsible for furnishings

Greegie

Hello,

I'm looking for some advise for my elderly parents. They private rented a house in 2002 and are moving out now because after reporting a leaking toilet to the Landlord 6 times, it finally flooded the house running through the kitchen ceiling causing it to collapse.

When they moved in the house was furnished with old furniture from the Landlord's grandmother who previously lived there. Obviously over 11 years things have worn out, stopped working etc.

My dad always wrote to the landlords advising them that things had broken or needed replacing but never got a reply. He eventually wrote to them advising that they will be replacing the broken items themselves and if the landlord's had a problem the need to let them know within 7 days.

The have never had a response to any of the letters. So when the fridge broke, they bought one of their own. When the washer broke they bought one of their own, when the cooker broke they bought one of their own. When the sofas (which were already in bad shape) wore through and became uncomfortable, they replaced them.

Now the landlords are asking how they are going to be compensated for the missing items. My parents are in their late sixties. My dad is already stressed out by everything and it is affecting his health so want to try get this resolved.

None of the furniture had fire labels on but I am not sure if that was not a legal requirement back in 2002?

Can someone advise if my parents really are liable or if they have any protection. Surely after 11 years general wear and tear takes its toll anyway?

Thank you in advance.

~Beanie~

I'm no expert but I think that your parents will be expected to leave the property as they found it. So they can't just leave it with no cooker, washing machine, fridge or sofa as these were there when they moved in.

Did they try ringing the landlord at any point?

Greegie

Thanks for the reply. Everything else is there (kitchenware etc). They did talk on the phone but the problem is my dad always tried to do everything in writing.

What you are saying is pretty much what I would have thought too. Anything that they replaced goes, the rest can stay. Of course that sounds logical and sometimes logic doesn't always rule

Thanks again

Greegie

Sorry,what you are saying is not what I'm saying. But I get the point. According to Shelter Scotland's website, if the property is let furnished, then unless otherwise agreed, the landlord is responsible to ensure it stays that way. They didn't. What we don't know is what the deal is if the landlord doesn't uphold their end of the bargain.

drwhofan

Can I ask two questions - was there a check in, and what was listed, and does your father have copies of the letters?

It would really depend, i would guess, on how much stress you think this would involve and if your parents want to argue about it.

If the tenency has indeed been 10 years, and the items were old to begin with, then an argument could be made that leaving the items would result in betterment for the landlord.

I'm sure some much more knowledgeable heads than mine will be along shortly, but that's my 2d.

BitterAndTwisted

If they informed the landlord that items supplied had broken down and gave the landlord the opportunity to repair or replace and received no response, I would say that they were entitled to dispose of them when they were replaced at their own expense.

Given that the tenancy was for 11 years, the landlord should have expected those items to have exceeded their useful life and been repaired or replaced during their tenancy.

That is the position I would be taking if the landlord demands compensation for the missing items.

Greegie

Thank you again for your response drwhofan.

Yes they have an inventory which my mom did when they moved in but it was never signed.

My dad has copies of his letters sent.

The issue is more cost. This has taken 4 months for them to resolve with their insurance and quite honestly this is all they have.

In reality if they hadn't changed the majority of the items they did they would never have been able to live properly.

I suppose I feel more defensive because it is my parents but I don't see how the landlords can expect my parents to leave items which they as landlords made no effort to replace when it was needed.

Thanks again for your insight and advice.

drwhofan

I'm going to regret asking this - What insurance problem? Do you mean deposit protection, or have they gotten their contents insurance involved for some reason?

pmlindyloo

~Beanie~ wrote: »

I'm no expert but I think that your parents will be expected to leave the property as they found it. So they can't just leave it with no cooker, washing machine, fridge or sofa as these were there when they moved in.

Did they try ringing the landlord at any point?

I disagree with this.

The furniture supplied in a furnished property has to meet minimum standards and it is the landlord's duty to maintain these.

If the furniture did not meet the appropriate safety regulations then the landlord could have been facing all kinds of trouble.

See here:

http://www.landlordzone.co.uk/content/furniture

Since your father acted correctly and wrote to the landlord informing them at each time, then your father had no alternative but to replace them. After eleven years it would be expected for appliances to break and some furniture need replacing.

It would be helpful if your father had pictures of the condition of the said mentioned things at the beginning of the tenancy (inventory perhaps?) but no worries. After such a long time then it is perfectly reasonable for things to deteriorate especially if they were old to begin with.

The things that your father has replaced belong to him and he can take them with him. The owners can now replace things as they should have done before.

If your dad is going to get stressed about it all I would replace with things from Freecycle or the like.

Perhaps you could write a polite letter to the landlord covering the salient points to get him off your dad's back.

Did they give a deposit?

BitterAndTwisted

Greegie: top marks to your dad for putting everything in writing.


Honestly, if this ever got to court the landlord would get nowhere with it.

Is the landlord threatening to withhold their deposit?

Would you care to explain where this insurance business came from, if it's pertinent?

Annisele

I guess the insurance problem has to do with the collapsed kitchen ceiling (in OP's first post).

OP - is the problem that your parents *can't* leave the sofa etc that they bought, because the ceiling falling in damaged all of that stuff? And now your parents want to keep the insurance money for themselves (IMO quite rightly) rather than give any of it to the landlord?