Furnished or Unfurnished? What is the legal definition? My tenant claims I have not provided what I should have done.
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 practice - in reality they have no industry standard so legally the tenant accepts things as they are when he signs the contract.
What is defined in law is that 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. Electrical and Gas appliances should also be checked.
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 claim the 10% Depreciation
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 when unfurnished it 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 open to negotiation as to the standard and amount of furniture provided, depending upon the type of tenant you are targeting.
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.
Item such as 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 and increasing your annual rental income.
Tom Entwistle is a founding director and Editor of LandlordZONEâ He has been a private investor in residential and commercial property for over 25 years.
This article first appeared in Landlord Magazine – Subscribe to this FREE Landlord Magazine
