Landlord Gifted Items

chubster1908

Hi

We took a tenancy out in November of last year and are now having to leave our tenancy due to a job change meaning we have to move elsewhere in the country. Landlord is fine with this, however, when we took out the tenancy she added to the agreement that she was gifting a number of items to us such as wardrobes cooker etc and that they were our sole responsibility. She is now saying as we haven't stayed the entire year it is only fair we give her those back. I kind of understand but at the same time had anything gone wrong with those items during these months we would have had to pay to fix them.

Should we return the items gifted or do you think she will have a reason to retain our deposit??

LadyDee

chubster1908 wrote: »

Hi

We took a tenancy out in November of last year and are now having to leave our tenancy due to a job change meaning we have to move elsewhere in the country. Landlord is fine with this, however, when we took out the tenancy she added to the agreement that she was gifting a number of items to us such as wardrobes cooker etc and that they were our sole responsibility. She is now saying as we haven't stayed the entire year it is only fair we give her those back. I kind of understand but at the same time had anything gone wrong with those items during these months we would have had to pay to fix them.

Should we return the items gifted or do you think she will have a reason to retain our deposit??

No idea where you stand legally, but you have had the use of these items at no cost to you as you didn't have to fix them. Would you feel comfortable keeping them? I think it would be mean spirited of you to insist on taking them with you, but that's for your conscience. Will you require a landlord's reference for a new tenancy elsewhere?

chubster1908

No we do not require a reference. Initially i was absolutely fine about returning them but the more i thought about it the more i felt she is a little rude. She only gifted them to us because she didn't want the aggro or cost of repairing them if they went wrong and we in turn threw our old ones away based on this. Now we have to replace!

Hoof_Hearted

I would say that if she gifted them to you without conditions, then they are legally yours.

anselld

You are requesting early surrender. L can dictate terms.

Marvel1

Technically you still owe rent until your fixed term ends and the landlord can enforce it if you leave now, I would work out which is cheaper replacing the items or paying the rent until of fixed term.

iammumtoone

I think it is reasonable to ask for the items back.

Which would cost you more, paying the rent until the end of the tenancy (which the landlord could enforce) or buying like for like ie second hand the items that you will be 'giving back'.

Unless the second scenario is considerably more expensive, then I think you are being unreasonable when your landlord has kindly let your tenancy end early.

*Robin*

Hoof_Hearted wrote: »

I would say that if she gifted them to you without conditions, then they are legally yours.

There was a condition; that the tenants would rent Landlord's property for twelve months.

Tenants are breaking the agreement by leaving early, and admit their Landlord is being very co-operative; permitting them to do so apparently without paying compensation (re-advertising costs, rent until house is re-let etc., etc).

It's hardly surprising LL does not want T to remove said items!

T had the option to keep their own items in storage, or say "thanks but no thanks" to LL's offer and put LL's items in storage..

A proverb about cake comes to mind.

[Deleted User]

I doubt she'd have gifted them to you if they were really worth having or could be sold. Surely you could buy items of your choice second hand? Its one of those things you learn from.., you are being allowed to get away with leaving your tenancy early after all.

G_M

The items are yours.

The obligation to pay rent till the fixed term ends is also yours.

The landlord has said: "OK, I'll release you from your obligation if you return the items to me."

You can either agree, and return the items, or refuse, and pay the rent you owe.

FBaby

It sounds like 'gifted' is not what she meant. What she probably wanted in the contract was that you had the use of them but if they broke, she wouldn't replace, which is different to 'gifted'.

What you are saying is that because she didn't want to remove items that have been of good use to you, it is fair that you take these items? And you think she is rude? It sounds like she was under the belief that you were intending to stay for some time, meaning that by the the time you left, the items would be of no use any longer.

So yes, legally, you are probably in your right to take them, but frankly, it's moral attitude like yours that made me decide not to be a landlord any longer.