Landlord Storing Items in Flat

Florrie_Fimble

Howdy

Another landlord, another new and interesting set of problems for my daughter. She's away for a while so I said I'd ask the helpful folks on here for advice again after her efforts with the LA haven't got very far.

This time the flat is adequate, but the LL has left several very large items in one of the rooms - an extremely large boxed electric fireplace being one example. This is clearly in the way and the LA are being about as useful as a chocolate teapot when it comes to getting it moved.

Are there any relevant rules/regs on a LL using their rental property as extra personal storage?

thanks

ognum

Florrie_Fimble wrote: »

Howdy

Another landlord, another new and interesting set of problems for my daughter. She's away for a while so I said I'd ask the helpful folks on here for advice again after her efforts with the LA haven't got very far.

This time the flat is adequate, but the LL has left several very large items in one of the rooms - an extremely large boxed electric fireplace being one example. This is clearly in the way and the LA are being about as useful as a chocolate teapot when it comes to getting it moved.

Are there any relevant rules/regs on a LL using their rental property as extra personal storage?

thanks[/QUOTE
Write not email, text or phone the LL and the LA and ask for them to be removed. Give a time scale

princeofpounds

Indeed. The legal term for such a situation is a 'bailment'. This is where someone leaves you in involuntary custody of their possessions.

Your daughter has a reasonable duty of care towards the items and has to offer reasonable opportunities to collect it, but ultimately it can be disposed of.

Where you might have to be a bit careful is
a) upsetting the landlord; they occasionally have odd views about their properties and how to respond to issues like this
b) any items that are listed on the inventory and/or considered to be part of the let.

Getting a paper trail of communication in writing is key.

In this circumstance, I would write to the LA, copying LL, with a reasonable deadline (2 weeks perhaps , given you've already been in communication).

Then when it expires, I'd consider dropping it off in the LA's office!

And no, the LL cannot use the house as storage unless part of the property is not 'demised' (allocated') to the tenancy.

Strapped

If it's not on the inventory, I'd throw it out - but only if I knew I was definitely leaving at the end of the tenancy (since LL would be unlikely to renew).

Florrie_Fimble

Thanks everyone.

The Letting Agency are claiming that they are merely an "introductory service" to the LL so are not interested in any issues. There are also two broken chairs and a bed with no mattress. For all we know they were left by the other tenants so I think giving notice that they need to be disposed of is a good idea.

Still haven't got a copy of the inventory from the LA. Why oh why are they always SO BAD. Argh. This annoys me so much - how hard can it be to run things according to some basic rules. They also haven't managed to take the first months rent despite receiving details 10 days ago.

Ugh.

ukpete79

If the letting agents are saying they just introduce the property, then their job is done.

The letting agent has marketed the property, you wouldn't expect autotrader to help with a car you bought, the situation is the same.

If the Agent is a managing agent, then that's different, but it sounds as though thats not the case.

Call the agent, and ask for the Landlords contact details, he is the one to do your Inventory ( or at least arrange someone to do it on his behalf) just call him and ask what he would like to do with the things left in the property (its meant to be unfurnished right?)

Florrie_Fimble

They managed the last property - apparently they are not doing that with this one. The confusion has come about with all their paperwork saying they are Managing Agents.

It's great being able to get sensible advice here to pass on and I've now passed this back to my daughter. She's good to carry on with this - I must not turn into one of those terrible helicopter parents under the guise of "concerned guarantor".

*sits on hands squirming*

ukpete79

best of luck, I'm sure all it will need is a quick call to the landlord, saying, " hey, there is some personal property left in the house (List it) would you let me know if you want me to bin it, or if you want to come collect it soon?"

princeofpounds

The Letting Agency are claiming that they are merely an "introductory service" to the LL so are not interested in any issues. There are also two broken chairs and a bed with no mattress. For all we know they were left by the other tenants so I think giving notice that they need to be disposed of is a good idea

That's actually perfectly possible.

You should then write to the landlord at the address for the service of notices which should be on your tenancy agreement. Do you have that?

G_M

By law, you must have been provided with an address for the serving of notices on the LL.

Often this is c/o a letting agent, but if the agent is not managing the property, this is unlikely to be the case.

So what IS the address you've been given?

If no address is given, you do not have to pay rent. (Landlord and Tenant Act 1987 ).

If the agent is not employed to manage the property, they have no authority to help or make decisions on behalf of the LL.

If there is no inventory, the LL is a fool, and will struggle to claim anything off you when you leave for damage/missing items, since he can't prove the items were ever there, or were not already damaged. Of course he may have receipts for brand new items, and/or photos, which would help him claim.