Furnished Rented Property - who is responsible for furnishings

[Deleted User]

I realise some replies state that the house should be left in the state it was in originally.., but there is also the duration of the tenancy to be taken into consideration.

A cooker, fridge, sofa etc would all be expected to need replacing at some time in 11 years. I don't see how the landlord has any right to ask for something towards their replacement/loss.

Added to this, your father wrote to the landlord and told him the items were broken.

Added to this, the items weren't even new when they moved in 11 years ago.

BUT I'd also check with Shelter. I'm afraid if your parents placed a deposit, they may have a fight to get it back.., but they should in the end. This landlord doesn't sound like he understands what being a landlord means.

dimbo61

If they paid a deposit they should request the full deposit back!
Has a deposit been paid ? is it registered in one of the 4/5 different schemes.
Contact them direct and ask for the money to be returned.
If Mum and Dad,s poperty has been damaged and they have insurance they should claim for the damaged items.
I would also consider a claim against the landlords building insurance

G_M

Err just to confuse the issue....

If there was no inventory provided by the landlord and agreed/signedby the tenant, one could ask "What fridge? What washer? What cooker?"

Unfortunately the landlord could then produce dad's letters and say "This fridge. This washer. This cooker."

But doing this, LL admits a) he received the letters and b)he knew they were broken!

Where is the deposit? I'm unfamiliar with Scottish land law, but has deposit registration not been introduced? Or perhaps it does not apply to historic (11 year old) tenancies.....?

19lottie82

For a quiet life, all the items you have listed so far are usually available for free on Gumtree and free cycle. Once your parents have moved their items out, could you not arrange replacements for the landlord Via this method and hire a van to collect then with?

Greegie

Wow thank you all for your responses. I really appreciate them. Just to clarify a few things.

The insurance has to do with the leak which damaged a lot of my parents personal effects (appliances, crockery, pretty much everything in the kitchen).

The sofa they now have is one that I bought them as a gift in May of this year so there is no way that is staying.

I agree with many of you in that after 11 years most items would have worn out with reasonable use. This I think is going to be the heart of it. Added to the fact that the LL never acknowledged any of the letters.

G_M sorry I stand corrected. There is an inventory which was done. A lot of the stuff was boxed and placed in the loft and is still there, but some of the stuff as simply worn out.

The did pay a deposit and it was only when my parents asked when they will be getting this back that they were asked about the furnishings.

Dimbo61 yes, there law in Scotland insists that LL deposit their deposit into one of the schemes. We did ask about this and the LL got all defensive so are presuming it never got done. At this stage we would take the deposit over a fight but are prepared to take action over the deposit if we need to based on the Tenant Secure Deposit Scheme.

Thank you all for your input and advice. I feel a bit more positive that we can work this out favourably for my parents. I am concerned for my dad as his health has really suffered in the last 4 months since the flood and I just want to try relieve some of the pressure for them.

I will keep you updated as things progress so you can see what the outcome is.

[Deleted User]

Wishing you the best of luck, like I said, u might have a bit of a fight on your hands but sure if you persist you will get the money back because the landlord is in the wrong.

jennifernil

Greegie wrote: »

Hello,



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

Pretty sure that even back in 2002, things like sofas and mattresses had to be fire retardant and labelled if a property was to be rented out.

We purchased a flat for our student daughter in 2003, and since she rented out a room, we had to buy new stuff rather than giving her older stuff from home, so the rules were certainly in place then.

We are in Glasgow too.

Pixie5740

It doesn't matter when the OP's parents moved into the property, under Scottish law all deposits must have been registered in a deposit protection scheme by 15th May 2013. The LL must also provide details of the details of the deposit protection when asked. Shelter Scotland has some template letters you can use.

http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits/tenancy_deposit_schemes#Tenancy deposits schemes

If the LL has not protected the deposit then your parents can apply to the sheriff court and the court can then order the LL to pay 3 times the deposit. It's in the LL's interests to just give back the original deposit before it escalates to the sheriff court.

LLs cannot charge for wear or tear on furnishings so for furniture and appliances that were already old before your parents moved in 11 years ago I can't see they've got a leg to stand on.

Greegie

Better late than never, but I thought I would provide the outcome to this situation.

My parents were threatened with all sorts from the landlords - court, even them being reported to the police for theft! Eventually after a lot of pressure and umpteen letters from them and then finally a solicitor, they got their deposit back. It took 6 months But it is done and I am happy to say my parents are now in their new place and happily settled. It is a huge weight of their shoulders.

Thank you to everyone who has contributed with advice.

Kynthia

That's great. Your dad was smart to keep the agents informed and in writing (with copies). It seems like this landlord had better tenants than he deserved.