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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7590
Experience:  BA (Hons), PgDip, Practising Solicitor
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I recently rented a property which was advertised as unfurnished.

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I recently rented a property which was advertised as unfurnished. When I picked up the keys I found that there were 2 large wardrobes left behind and lots of the landlords junk in the storage space under the stairs (of which storage under the stairs was pointed out as a plus on the viewing by the letting agent). I have requested these items are removed as it makes it cramped with my own wardrobes. I was informed by email that I was authorised to remove these items and I was going to arrange for a charity to pick them up only to then be told that the landlord had changed his mind and the items could not be removed. What is my legal right in this matter?

In addition, I asked if white goods were included (Washing machine, dishwasher and fridge) and the landlord stated he would leave them as an 'act of goodwill' but did not want to be responsible for any future break down. Alternatively he would, at his own cost, arrange to have them removed. This was added as an addendum to the tenancy agreement. Upon starting the tenancy the dishwasher and the washing machine were not working. The landlord refuses to fix them and now has said he will not remove the broken dishwasher as it is integarted so I cannot replace it with my own. He has also suggested I get the dishwasher removed for him and bill him. What is my legal right with this?

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following using the same numbering:-

  • 1. Did the landlord agree to the removal of the wardrobe prior to the execution of the tenancy agreement
  • 2. Is removal noted in the tenancy agreement
  • 3. Or were your discussion re removal after you had taken occupation

 

Kind regards.

Tom

Customer: replied 5 years ago.

The landlord did not agree to remove them before I took occupation but he did not specify that they were staying either so i was not made aware of them staying. I rented it as an unfurnished property. When I took occupation I found them in the property and immediately asked for them to be removed. He then agreed to remove them and then changed his mind.

 

The removal is not noted in the tenancy agreement as the tenancy agreement is a generic short term lease agreement and covers furnished, part furnished or unfurnished. It was advertised as Unfurnished.

Hi


Thanks for your reply.

 

If the property was rent to you as unfurnished then you probably have the right to remove the wardbrobes, or require the landlord to remove them. If he wanted them kept there then he should have specified this to you at the time of offering you the flat, particularly as the flat was rent as "unfurnished" and I would suggest this puts the onus upon him to impress any exceptions in this regard upon you.

 

The position as to the white goods is more clear if the landlord has stated in the tenancy agreement that they may remain subject to his not being respsonsible to repair them or that he should remove them at his cost. I would write a formal letter to the landlord in this regarding specifying that this addendum is a contractual obligation and that you require them removed within 14 days. State that if he does not remove them then you will pay to have them removed and then seek to claim the expense (including the time you have spent) from him.

 

IN this letter you should also state what I have suggested in the first paragraph and ask that he remove these within a similar time frame otherwise you will remove them yourself.

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I will answer your follow up questions you may have.


Kind regards,


Tom

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