Residential

ID #1020

Furnished or Unfurnished - What is the legal definition of furnished and unfurnished ? I rent my house and I think my landlord has not supplied all the furniture he should.

Furnished or Unfurnished?

In fact there is no legal definition of furnished, unfurnished or even part-furnished in the UK - these are terms which have come about through custom and practise - in reality they have no industry standard.

What is defined is all furniture and furnishings supplied must meet fire safety standards and it's in your interest as a landlord to check that they all comply with fire resistance specifications. It's also important that all electrical appliances are safety checked before a tenancy commences and that the electrical system is checked periodically.

Letting fully furnished, part-furnished or unfurnished no longer has any implications regarding security of tenure for the tenant or for taxation. However, Council Tax and the 10% Depreciation Allowance may be affected - you don't pay Council Tax during voids if let unfurnished, but if you do this you cannot then expect to claim the 10% Depreciation Allowance as a furnished letting. 

The inventory records the items actually provided and their condition. It is then signed by both parties preventing later disagreements. The tenancy is therefore based on those items actually provided and accepted as part of the contract.

The tenant therefore accepts the accommodation "as is and as described" and cannot complain later if more furniture, furnishings or appliances were desired.

As a guide:

Unfurnished – many tenants these days prefer unfurnished (or part furnished) as being mobile they bring their own furniture and prefer to use their own items, particularly beds. Even unfurnished generally means that carpets, curtains and some white goods (i.e. fridge, cooker) are included.

Part-furnished - here you would expect to see the basics as above, but perhaps the addition of items such as wardrobes, dining table and chairs etc, but not beds, 3-piece suites, TV, dish washers, washing machines etc.

Furnished or Fully Furnished – it's to the landlord's discretion and to some extend negotiation as to the standard and amount of furniture provided, depending upon the type of tenant you are targetting. In a fully furnished letting you would expect to see similar to above with the addition of beds, 3-piece suites - in fact everything needed to make a comfortable living home. Crockery, cutlery, towels, bedding etc while expected in the high-end lettings may be subject to negotiation and not always provided.

When you have viewings of a property, while still tenanted, point out to the new tenants exactly what is to be included and excluded and discuss requirements then. 

If you are willing to be flexible as a landlord, for example removing and storing unwanted items or adding additional items as required you will increase your chances of letting quickly, increasing your annual rental income.

Note: never rely totally on these standard answers. Before taking action or not, always seek professional advice with the full facts of the case and all documents to hand. LandlordZONE.co.uk

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Last update: 2008-07-12 16:19
Author: LandlordZONE
Revision: 1.1

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