moving at end of tenancy agreement

sharon0605

Hi,


My tenancy agreement is up and I've decided to move on. My tenancy agreement was for a furnished apartment. When I moved in some of the furniture was a bit worn out so I replaced the sofa, a double bed and kitchen stools.
At each point of replacing these items of furniture I asked the landlord if he wished to have his items removed for storage...(he owns at least another 40 properties which he rents out). He replied each time that he did not want them and to dispose of them how I wished. I have kept a record of these texts.


Can anyone advise if I must leave the items I replaced in order to receive my deposit back from the landlord.


Many thanks
Sharon

marliepanda

sharon0605 wrote: »

Hi,


My tenancy agreement is up and I've decided to move on. My tenancy agreement was for a furnished apartment. When I moved in some of the furniture was a bit worn out so I replaced the sofa, a double bed and kitchen stools.
At each point of replacing these items of furniture I asked the landlord if he wished to have his items removed for storage...(he owns at least another 40 properties which he rents out). He replied each time that he did not want them and to dispose of them how I wished. I have kept a record of these texts.


Can anyone advise if I must leave the items I replaced in order to receive my deposit back from the landlord.


Many thanks
Sharon

No. They are yours.

martindow

marliepanda wrote: »

No. They are yours.

Is it that clear cut?



I can see a potential problem if the LL says that they agreed that the tenant could replace the furniture and had the expectation they would be left at the end of the tenancy to match the inventory. But the tenant understands that the LL agreed that they could dispose of the old items and take away their new furniture.


The exact wording of the texts could determine how the deposit protection scheme would interpret what went on.

marliepanda

martindow wrote: »

Is it that clear cut?



I can see a potential problem if the LL says that they agreed that the tenant could replace the furniture and had the expectation they would be left at the end of the tenancy to match the inventory. But the tenant understands that the LL agreed that they could dispose of the old items and take away their new furniture.


The exact wording of the texts could determine how the deposit protection scheme would interpret what went on.

The OP's post does not indicate any of that.

If the OP has texts which imply in any way he expected to keep her new items (which would be unreasonable on the whole) then I highly doubt they would be posting here using texts which say 'I dont want them, dispose of them' as proof of anything...

Expectation has to have a reason. It is unreasonably for a landlord to assume a tenant simply wants to upgrade his stuff for him. She asked if he wanted them storing, and he said 'no, dispose of them' (in her words) He cannot just assume things to his benefit, he would have had to have said something to the OP, and she gives no indication that either he or she had any agreement about her items becoming his.

hb2

If someone offered to 'replace' something of mine, I would expect to keep it. If my tenant said they had bought some of their own furniture and would I like them to keep mine until the end of the tenancy, that would be a different matter.

I really think this can be interpreted either way.

marliepanda

hb2 wrote: »

If someone offered to 'replace' something of mine, I would expect to keep it. If my tenant said they had bought some of their own furniture and would I like them to keep mine until the end of the tenancy, that would be a different matter.

I really think this can be interpreted either way.

I disagree. The furniture is worn out, and most people cannot fit two of the items described in an apartment. The landlord had every opportunity to keep his original items and he didn't want to. He is not entitled to their replacement.

Lets think of a random example, I borrow your car to tow my car, but when I get to it your towrope is frayed and I'm not convinced its going to hold out. I call you and say 'Your towrope is frayed, I'm gonna buy a new one. Do you want me to put your towrope in your garage or bring it round?'

And you so 'oh no its fine just throw it away, I don't want it' Does that mean that you now believe that I am going to give you my new tow rope?

If I BROKE your rope, and replaced it, then sure. But the OP replaced the items immediately, not after she had used them somewhat, and, tenants are allowed to use and 'wear and tear' furniture anyway.

need_an_answer

I agree with everything that marlie says however if the property was furnished when the tenant moved in,it should contain the same or equivalent furnishing when the tenant moves out unless there is a specific undertaking between the tenant and LL with consideration to disposed of items.


OP What exactly did the texts say,they may be important if you need to dispute.


You might wish to ask the same questions that you have posed here direct to your LL prior to moving out so you can at least interpret how they have taken your request to purchase some new things and dispose of the previous items.


It is not unreasonable for the LL to want some form of replacement but it is also not entirely reasonable for those replacements to be your new items.


You may find that a charity shop or similar maybe gumtree or freecycle might become useful if it is deemed that you should leave something in its place so the more warning you have that you need to replace these items rather than leave your own stuff or face a deposit deduction the better.

As a LL if I did furnished I would want something similar left in its place however I wouldn't expect that to be your new item,but having said that you would have had a much clearer undertaking and clarification from me rather than a series of texts when the original query to dispose was raised

There are too many ways to interpret what has been said so the best thing is to clarify with your particular LL

marliepanda

need_an_answer wrote: »

I agree with everything that marlie says however if the property was furnished when the tenant moved in,it should contain the same or equivalent furnishing when the tenant moves out unless there is a specific undertaking between the tenant and LL with consideration to disposed of items.


OP What exactly did the texts say,they may be important if you need to dispute.


You might wish to ask the same questions that you have posed here direct to your LL prior to moving out so you can at least interpret how they have taken your request to purchase some new things and dispose of the previous items.


It is not unreasonable for the LL to want some form of replacement but it is also not entirely reasonable for those replacements to be your new items.


You may find that a charity shop or similar maybe gumtree might become useful if it is deemed that you should leave something in its place so the more warning you have that you need to replace these items rather than leave your own stuff or face a deposit deduction the better.

The landlord can replace them himself. He had the opportunity to keep those exact items and chose not to. It is unreasonable to expect a replacement for something that, according to the OP, he explicitly said he did not want and to throw them out.

If he had said 'No, you accepted the property with those items and I expect those items to be there when the property is returned to me, I have no room to store them' then of course, but again, would the OP be here asking about that if the landlord had already 'fussed' about the items.

If he said 'If you get rid of them I expect an equal replacement when you leave' then of course, however, nothing the OP suggests there has been any request from the landlord for replacement.

G_M

It depends exactly what was agreed (and for purposes of proof, what the texts say).


If the landlord agreed you could dispose of items, then fine, you have disposed off them and they are deleted from the inventory.


If he agreed you could replace them, then that is what you must do and the (replacement) items are added to the inventory in place of the original ones.

need_an_answer

There are too many if's really.

The only person who can answer the tenants specific question is her LL other than that,its something that will probably go to dispute,which I would strongly suggest you do if it comes to that OP.

Jox

I think if you've rented a furnished property then you can't leave it as an unfurnished property.

The landlord will have to pay to replace the furniture for the next tenant which doesn't seem right.

Clarify with the landlord if they are happy for you to leave the property unfurnished.