Landlord won't take furniture back
Discussion
Hi guys – got a little issue with a rental property I have just moved in to which I need some advice on….
Long story short:
-Flat is unfurnished as per the tenancy agreement. Landlord called to offer some furniture he had I storage.
-I asked for photos several times (from both landlord and agent, never received any.)
-Spoke to landlord on phone who described them as fitting very well with the flat, agreed to have items delivered by him
-Have now seen them in place (were delivered while I was at work) and they are revolting, huge, and nothing like described.
-Have phoned landlord to say thanks and extremely appreciative for the help/offer/delivery but I don’t like them
-He has now closed his storage unit he was paying for as “has been looking for a home for the furniture for a while”
-Now up to me to arrange removal and storage of said furniture….. I have no storage or garage available without paying for one. Effectively landlord using the flat as storage
-Furniture is bed and headboard, large chest of draws, 4 small chests of draws, side cabinet. All large, cumbersome and not really as described but I suppose that’s a matter of taste.
I don’t want the furniture and it’s totally ruined the enjoyment of my new home/experience of moving. The landlord has been very nice, helpful and amiable and has done it in good faith, but I don’t want the furniture and he won’t take them back and store them.
I will add that none of it is listed on the check-in inventory or in the agreement as was moved in after. I really don’t want to be a difficult tenant so early into the rental but what can I do?
Long story short:
-Flat is unfurnished as per the tenancy agreement. Landlord called to offer some furniture he had I storage.
-I asked for photos several times (from both landlord and agent, never received any.)
-Spoke to landlord on phone who described them as fitting very well with the flat, agreed to have items delivered by him
-Have now seen them in place (were delivered while I was at work) and they are revolting, huge, and nothing like described.
-Have phoned landlord to say thanks and extremely appreciative for the help/offer/delivery but I don’t like them
-He has now closed his storage unit he was paying for as “has been looking for a home for the furniture for a while”
-Now up to me to arrange removal and storage of said furniture….. I have no storage or garage available without paying for one. Effectively landlord using the flat as storage
-Furniture is bed and headboard, large chest of draws, 4 small chests of draws, side cabinet. All large, cumbersome and not really as described but I suppose that’s a matter of taste.
I don’t want the furniture and it’s totally ruined the enjoyment of my new home/experience of moving. The landlord has been very nice, helpful and amiable and has done it in good faith, but I don’t want the furniture and he won’t take them back and store them.
I will add that none of it is listed on the check-in inventory or in the agreement as was moved in after. I really don’t want to be a difficult tenant so early into the rental but what can I do?
Cruicial point imo, is you spoke to the landlord and agreed to have them, without even seeing them. Should have really stuck to your guns and demanded photos or viewing of items first. If you don't want them, inform the landlord he either collects the items or you'll have a local charity collect them. If the items are in good nick, a charity will send someone to collect.
hyphen said:
Landlord who acts in this manner may have the same attitude to other things. Have you received the letter saying your deposit is protected? Is the boiler certified and so on.
And keep everything in writing/email in-case he tries to steal your deposit when you leave in 6 months.
FFS don't ask him about the deposit, just wait until the end and see if you get it back, if not then ask for the documents, you can sue him for three times the value of the deposit if he does not register it.And keep everything in writing/email in-case he tries to steal your deposit when you leave in 6 months.
You need to send a letter thanking him for the offer of the furniture but you don't want it offer to store it in the flat for free for a week or 2 until he can collect it. Be polite.
I'd be really cheeky, tell him you will store it for one month for free, then after that it will cost him 50% if the agreed rental of the property in storage fees for his stuff. Only pay him 50% rent until it's gone.
Just an idea though. I don't rent so don't know the law but it would sure as s
t make me move it. Having watched some of these can't pay we will take it away to shows, it seems near enough impossible to get a tenant out while ever he is prepaired to pay something in rent. One case was 2 years without the tenant paying a penny in rent. Suppose it depends how obstinent you want to be.
Just an idea though. I don't rent so don't know the law but it would sure as s
t make me move it. Having watched some of these can't pay we will take it away to shows, it seems near enough impossible to get a tenant out while ever he is prepaired to pay something in rent. One case was 2 years without the tenant paying a penny in rent. Suppose it depends how obstinent you want to be. I'd be writing asking the landlord to clarify who actually owns the furniture. If tenant, as furniture was "gifted", then just dump it. (Ok, I know it's a cost, but might be easiest)If landlord confirms it's still his, then ask him to remove it as property was let unfurnished.
If no joy then advise him it'll stay until your stuff starts arriving, at which point you'll dispose of accordingly.
No need to get bolshy, but it doesn't hurt to be assertive and know your ground.
If no joy then advise him it'll stay until your stuff starts arriving, at which point you'll dispose of accordingly.
No need to get bolshy, but it doesn't hurt to be assertive and know your ground.
I've told the agent but they've said its between me and the landlord and that I should have viewed the furniture first, which I agree I should have.
The issue is I was offered the furniture and provisionally agreed to take it. My decision. Landlord transported it to the flat and it's only when I've seen it (for the first time) in situ that I've decided I don't like it. Yes I'm not contracted or obliged to keep it etc, especially as it's not listed on the inventory or under the agreement, but I'm messing the otherwise helpful landlord about.
But it's still down to him if he wants to keep it to come and pick it up again is it?
The issue is I was offered the furniture and provisionally agreed to take it. My decision. Landlord transported it to the flat and it's only when I've seen it (for the first time) in situ that I've decided I don't like it. Yes I'm not contracted or obliged to keep it etc, especially as it's not listed on the inventory or under the agreement, but I'm messing the otherwise helpful landlord about.
But it's still down to him if he wants to keep it to come and pick it up again is it?
I think you're in a tricky situation, as you agreed to take the furniture.
The landlord will have no doubt had it put in storage because the previous tenants wanted the property, but not the furniture, so they'll have had the cost of a storage facility that they'd be keen to get rid of.
They've quite cheekily palmed it off on you.
I wouldn't get rid of it or try and charge the landlord rent etc. If you had rented unfurnished and turned up one day to find he'd dumped a load of stuff in the flat then, yeah, maybe, but that's not the situation here.
I would politely keep on at the landlord about it. It's within a landlord's interest to keep good tenants, so to potentially lose one over some furniture is a bit silly. Especially when the flat seems to let fine withouth the st furniture anyway.
Maybe just suggest the flat let fine as it was, and flatter on some other levels about how nicely done it as and how well looked after it is etc, and that he probably doesn't need the furniture anymore and can you give it to a charity shop or freecycle etc.
You can't just bin it, as it's still owned by the landlord. It's not on the inventory, but I'm sure there's an email/text trail showing that you accepted the furniture, so if you try and bin it based on it not being on the inventory, there'still proof it was added after and belongs to the landlord.
The landlord will have no doubt had it put in storage because the previous tenants wanted the property, but not the furniture, so they'll have had the cost of a storage facility that they'd be keen to get rid of.
They've quite cheekily palmed it off on you.
I wouldn't get rid of it or try and charge the landlord rent etc. If you had rented unfurnished and turned up one day to find he'd dumped a load of stuff in the flat then, yeah, maybe, but that's not the situation here.
I would politely keep on at the landlord about it. It's within a landlord's interest to keep good tenants, so to potentially lose one over some furniture is a bit silly. Especially when the flat seems to let fine withouth the s
t furniture anyway.Maybe just suggest the flat let fine as it was, and flatter on some other levels about how nicely done it as and how well looked after it is etc, and that he probably doesn't need the furniture anymore and can you give it to a charity shop or freecycle etc.
You can't just bin it, as it's still owned by the landlord. It's not on the inventory, but I'm sure there's an email/text trail showing that you accepted the furniture, so if you try and bin it based on it not being on the inventory, there'still proof it was added after and belongs to the landlord.
zedx19 said:
If the items are in good nick, a charity will send someone to collect.
You would think so. After my Father died I had to clear his house, we sold, gave away various items but the bulk of the furniture was not wanted, it was all quality stuff but no-one was interested for various reasons such as no fire-retardant certification etc. there was no way I could move it to the tip myself and I don't think they would accept large items anyway. In the end I had to pay a house clearance chap to take it away...catso said:
You would think so. After my Father died I had to clear his house, we sold, gave away various items but the bulk of the furniture was not wanted, it was all quality stuff but no-one was interested for various reasons such as no fire-retardant certification etc. there was no way I could move it to the tip myself and I don't think they would accept large items anyway. In the end I had to pay a house clearance chap to take it away...
Wow and to think those less fortunate are in need of stuff like this. Alternative option then is Facebook Marketplace it for free, all "sorts" on there that'll collect for free.Amused2death said:
I'd be writing asking the landlord to clarify who actually owns the furniture. If tenant, as furniture was "gifted", then just dump it. (Ok, I know it's a cost, but might be easiest)If landlord confirms it's still his, then ask him to remove it as property was let unfurnished.
If no joy then advise him it'll stay until your stuff starts arriving, at which point you'll dispose of accordingly.
No need to get bolshy, but it doesn't hurt to be assertive and know your ground.
I may be way off base (IANAL) but AFAICS the OP is a bailee for the landlord's furniture. An analogy would be the loan of a library book. The bailment exists for the OP's benefit. The parties have agreed that the property temporarily in the bailee's custody is to be used to his or her own advantage without giving anything to the bailor in return.If no joy then advise him it'll stay until your stuff starts arriving, at which point you'll dispose of accordingly.
No need to get bolshy, but it doesn't hurt to be assertive and know your ground.
The fact that the landlord has lost/given up the use of his storage facilities is not the OP's problem. For example, if the library building burned down it wouldn't absolve the lender from having to take back the book if the borrower wanted to return it. The borrower is free to do so at any time.
I would be inclined to give the landlord in writing a notice to relieve the OP of any duty to safeguard the goods coupled with a specific time frame within which to re-take possession of his furniture. If he doesn't then the OP can take advantage of Schedule 1 Part 1 of the Torts (Interference with Goods) Act 1977.
What I wouldn't do under any circumstances is just dump the landlord's property. The OP should follow due process. If necessary he could invoke the power of sale under Section 12 of the Act.
PopsandBangs said:
Now up to me to arrange removal and storage of said furniture….. I have no storage or garage available without paying for one. Effectively landlord using the flat as storage
Unless there is something in writing imposing an obligation on you to that effect then the landlord is jerking your chain. See above for how you can get him to take his furniture back. It's in his interest to do so unless he wants to wave goodbye to it.Awkward situation for you due to your duty of care. The sooner the furniture is gone the better imo. Sure the landlord is nice, helpful, and amiable because you're saving him money by giving him free storage for 6 months (assuming it's the usual AST). His attitude may well change when he has to make other arrangements. Hopefully you can resolve this amicably. Nothing worse that a landlord/tenant relationship going down the pan.
zedx19 said:
catso said:
You would think so. After my Father died I had to clear his house, we sold, gave away various items but the bulk of the furniture was not wanted, it was all quality stuff but no-one was interested for various reasons such as no fire-retardant certification etc. there was no way I could move it to the tip myself and I don't think they would accept large items anyway. In the end I had to pay a house clearance chap to take it away...
Wow and to think those less fortunate are in need of stuff like this. Alternative option then is Facebook Marketplace it for free, all "sorts" on there that'll collect for free.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff