Landlord problems - his stuff is still in my flat!

twirlie

Hi, I rented a 2 bedroom flat back in Feburary on a one year tenancy. I went through an agent, who was really nice, and basically sweet talked the LL into renting to me (single mum on HB, he didn't originally want to deal with HB, however he relented when I offered him £850 a month instead of the £825 he was originally asking.). Anyway, it turned out this agent was a bit of a story teller, who said everything I wanted to hear to get me to take the flat asap.

First off it was the carpets. The agent promised that the LL was going to replace the living room carpet as it has cigarette burns in it and is basically as thin as a tea towel with no underlay. My little boy was 3 months old when we moved in, and I was worried about him crawling. The LL never knew anything about it until we were signing the lease, and that was only because I said something while agent looked on sheepishly. LL keeps promising to get it changed, but 9 months on, I'm still looking at cigarette burns....

Another thing the agent said was that while I was renting the flat unfurnished, the flat still had stuff (a bed, sofa etc etc) in it when I moved in. However we had a verbal agreement that as I was planning on getting my own stuff I could use the existing things as a stopgap, because it would be better for the LL to not have to take it out immediately anyway, and as I had nothing when I moved in it worked out well for the both of us.

When I did get my own furniture, I left a voicemail for the LL to get him to move his stuff as agreed. He called back very angry and said he knew nothing about it. Eventually he agreed to move it as the agent had promised, and has moved most stuff, however I still have a huge sofa taking up the whole of the second bedroom, and my little boy is still sleeping in my room - which is becoming a bit of a nightmare since he's a year old now and wakes up at the drop of a hat. I regularly find myself spending an hour getting him back to sleep because I woke him up on my way to bed. :S

How do I approach this with the LL? He's a really lovely guy and I don't want to annoy him, but then again, I'm renting a 2 bedroom flat but really only living in a 1 bed, since the second room is pretty much jam packed with all his stuff and unuseable. Surely that isn't fair either? I personally feel that as I've let him off replacing the carpets (not much point chasing him now since he's always telling me how broke he is and I only have 3 months left of my tenancy), the least he can do is get his stuff out of my way in the meantime....

Thanks for any advice!

pcwilkins

Hi twirlie,

twirlie wrote: »

First off it was the carpets. The agent promised that the LL was going to replace the living room carpet as it has cigarette burns in it and is basically as thin as a tea towel with no underlay. My little boy was 3 months old when we moved in, and I was worried about him crawling. The LL never knew anything about it until we were signing the lease, and that was only because I said something while agent looked on sheepishly. LL keeps promising to get it changed, but 9 months on, I'm still looking at cigarette burns....

Did the agent promise that it would be changed in writing, or just verbally? Has the LL promised to change it in writing? Is the carpet unsafe --- does it slide around on the floor --- or is it just unsightly? I don't think you need to worry about your little boy crawling on it, children's knees are very tough :-)

Another thing the agent said was that while I was renting the flat unfurnished, the flat still had stuff (a bed, sofa etc etc) in it when I moved in. However we had a verbal agreement that as I was planning on getting my own stuff I could use the existing things as a stopgap, because it would be better for the LL to not have to take it out immediately anyway, and as I had nothing when I moved in it worked out well for the both of us.

Is this furniture on any inventory you have signed? Does the contract specify that the flat is unfurnished?

When I did get my own furniture, I left a voicemail for the LL to get him to move his stuff as agreed. He called back very angry and said he knew nothing about it. Eventually he agreed to move it as the agent had promised, and has moved most stuff, however I still have a huge sofa taking up the whole of the second bedroom, and my little boy is still sleeping in my room - which is becoming a bit of a nightmare since he's a year old now and wakes up at the drop of a hat. I regularly find myself spending an hour getting him back to sleep because I woke him up on my way to bed. :S

Hmmm, tricky. Is it really not possible to swap some stuff around and squeeze your son into the other bedroom, even if it means having some of the LL's stuff in your bedroom?

How do I approach this with the LL?

I think you both need to ditch the agent, for a start --- he sounds useless. Does the LL realise this?

He's a really lovely guy and I don't want to annoy him, but then again, I'm renting a 2 bedroom flat but really only living in a 1 bed, since the second room is pretty much jam packed with all his stuff and unuseable. Surely that isn't fair either?

Definately not. It all depends on the inventory and the agreement. If the flat is defined as unfurnished in the agreement and the LL's furniture is not mentioned on the inventory, you are well within your rights to dispose of it. You are not obliged to have other people's furniture in your flat. However this may cause friction with the LL so keep this for a last resort.

I personally feel that as I've let him off replacing the carpets (not much point chasing him now since he's always telling me how broke he is and I only have 3 months left of my tenancy), the least he can do is get his stuff out of my way in the meantime....

"How broke he is" is irrelevant. If he has promised to change the carpet, he should be doing it. I would be inclined to issue an ultimatum --- either his stuff is removed within 14 days or you will dispose of it yourself. This is only if the items do not appear on the inventory!!

Peter

mlz1413

My question would be do you intend to stay?

If not and you just want to start again in another place, make sure your inventory reflects the state of house when you took it over - ie are the cigarette burns noted, if not you could be charged from your deposit!

If you want to stay but only with a new carpet and without the furniture then tell the agent in writing and copy to LL the same letter.
Don't let history get in the way, this is a letter about your wishes for staying there with a new tenancy and new inventory.

As you only have 3 months left might be better to do this next month (if LL decides against then he has to give you 2 months notice). Ensure all replies are in writing (letter, email or fax not text message). If they ring you with offers tell them to put it in writing and then you will let them know decision.

Good luck.