Leaving items in rental property for tenants

tallac

As a landlord who has an unfurnished property but provides a few items such as cooker, washing machine, fridge, then they obligated to repair or replace these items if they fail under normal use. This I understand.

However, say the landlord has some other items like a microwave or wardrobe (which were not advertised coming with the property). Landlord is happy to leave these for the tenant for their use but they do not want the responsibility of repair/replace when it dies. If the tenants are happy with arrangement, how can the landlord protect themselves against dispute later when those items die and the tenants claim they must be replaced by the landlord. Is it as simple as listing them on the inventory list and making an explicit note that they are provided in good faith and will not be replaced?

tacpot12

Leaving them off the inventory is what I have done in the past, but I have only done it with small items. These items were left in a box with a note to the tenant that they were a gift to them.

If you were concerned about it, you could ask the tenants to sign a receipt for your gift of the microwave/wardrobe to them, and note that removing the items at the end of the tenancy would be  a job for the tenant.

youth_leader

The previous tenants said they were leaving a very old fridge freezer when I moved in, and the landlord asked if I'd like to use it, which I did.  It was on the inventory.  When I defrosted it upon leaving I hadn't realised the freezer bit on top didn't drain away, flooded the kitchen  

canaldumidi

tallac said:

As a landlord who has an unfurnished property but provides a few items such as cooker, washing machine, fridge, then they obligated to repair or replace these items if they fail under normal use. This I understand.

What makes you think that? What does the tenancy agreement say about repair and maintenance? See Landlord & Tenant Act 1985 S11

However, say the landlord has some other items like a microwave or wardrobe (which were not advertised coming with the property).

If they are not listed on the inventory, then the LL has no protection should the tenant damage, dispose, or even sell the items.

Landlord is happy to leave these for the tenant for their use but they do not want the responsibility of repair/replace when it dies. If the tenants are happy with arrangement, how can the landlord protect themselves against dispute later when those items die and the tenants claim they must be replaced by the landlord. Is it as simple as listing them on the inventory list and making an explicit note that they are provided in good faith and will not be replaced?

The tenancy agreement would specify that the tenant, not the landlord, is responsible for repair or replacement of x, y & z.

If you are already a landlord, can I politely suggest you need to do some training and/or extensive reading on tenancy law, and your rights and obligations? Perhaps start by reading the sticky, and all the links within it?

https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants/p1

Slithery

tallac said:

As a landlord who has an unfurnished property but provides a few items such as cooker, washing machine, fridge, then they obligated to repair or replace these items if they fail under normal use. This I understand.

Your understanding is incorrect.

Snookie12cat

Slithery said:

tallac said:

As a landlord who has an unfurnished property but provides a few items such as cooker, washing machine, fridge, then they obligated to repair or replace these items if they fail under normal use. This I understand.

Your understanding is incorrect.

You can't leave these things for the tenancy but contract the tenants to repair it, it's an unfair clause... 

canaldumidi

Snookie12cat said:

Slithery said:

tallac said:

As a landlord who has an unfurnished property but provides a few items such as cooker, washing machine, fridge, then they obligated to repair or replace these items if they fail under normal use. This I understand.

Your understanding is incorrect.

You can't leave these things for the tenancy but contract the tenants to repair it, it's an unfair clause... 

Link to case law?

The  Landlord & Tenant Act 1985 S11 specificaly excludes LL responsibility for repair of these items, thus it is down to contract law to determine who is liable.  Contract law relies on what he tenancy agreement says.

rexmedorum

Or just decided that sorry they won't be left if the tenants want them they are free to buy them themselves. All these items can be had from charity shops and online selling sites second hand for very peanuts.

lookstraightahead

As a tenant in the past, if anything was omitted from the inventory I would make a note of it on the inventory. Anything not listed I asked to be moved, or if it was on the understanding that I could 'use' it, I would clarify that if it was broken and needed replacing, the landlord would remove it.

I don't like my home being used as a dumping ground for stuff the landlord doesn't want, disguised as a gift that I have to remove myself at the end of the tenancy,

Including old rusty deckchairs which might be useful (as surely tenants should be grateful for any old tat), spare ornaments, old vacuum cleaners, old microwaves and wardrobes, worst of all old white goods which we all know are costly to dispose of.

Dump it in your own house.

lookstraightahead

tacpot12 said:

Leaving them off the inventory is what I have done in the past, but I have only done it with small items. These items were left in a box with a note to the tenant that they were a gift to them.

If you were concerned about it, you could ask the tenants to sign a receipt for your gift of the microwave/wardrobe to them, and note that removing the items at the end of the tenancy would be  a job for the tenant.

Great way of someone else having to pay for removal and disposal. What 'gifts' were they exactly? 

rexmedorum

lookstraightahead said:

As a tenant in the past, if anything was omitted from the inventory I would make a note of it on the inventory. Anything not listed I asked to be moved, or if it was on the understanding that I could 'use' it, I would clarify that if it was broken and needed replacing, the landlord would remove it.

I don't like my home being used as a dumping ground for stuff the landlord doesn't want, disguised as a gift that I have to remove myself at the end of the tenancy,

Including old rusty deckchairs which might be useful (as surely tenants should be grateful for any old tat), spare ornaments, old vacuum cleaners, old microwaves and wardrobes, worst of all old white goods which we all know are costly to dispose of.

Dump it in your own house.

This, when renting furnieshed we've always ended up with too much furniture that we didn't want and the little storage space we did have was usually for of the landlords tat.