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Oddjob
26-01-2009, 17:15 PM
If I have some 'whitegoods' in my 6m AST and they are not listed on inventory, would it be illegal of me to remove them 3month into term?
Tenants have already damaged a door and wall and my concern is them damaging my goods, they are also now behind in rent payments. If it ends in court how does a judge view this?
Has anyone else had similar problems.

mind the gap
26-01-2009, 17:19 PM
If I have some 'whitegoods' in my 6m AST and they are not listed on inventory, would it be illegal of me to remove them 3month into term?
Tenants have already damaged a door and wall and my concern is them damaging my goods, they are also now behind in rent payments. If it ends in court how does a judge view this?
Has anyone else had similar problems.

Why were they omitted from the inventory in the first place?

Oddjob
26-01-2009, 17:24 PM
It was all a bit of a rush initially, I was going to be away and they decided to move in days before we originally agreed, my mistake I know, so not sure how I stand.

mind the gap
26-01-2009, 17:35 PM
Well...I may be wrong but as I understand it you are within your rights to remove the items which are not on the inventory unless they relate to your statutory obligations to provide the means of heating space and water, and cooking.

I can understand that you are anxious about the items, however, the problem may be that removing them to a place of safety is hardly likely to make your tenants behave more responsibly, is it? Human nature being what it is, they are likely to resent you and be even less inclined to behave in a tenant-like manner than they were before.


A less inflammatory solution would perhaps be to advise Ts that itmes need to be added to the inventory and signatures added; if they refuse, then by all means remove them.

That way, if they do damage the items, you can claim/sue for cost.

It's your call.

Oddjob
26-01-2009, 17:47 PM
Thanks for that. I want them out for a number of reasons, was just really wondering how a judge might look at it if they go to court and challenge, making me out to be awkward, I have read some horror stories about judges. Goods are freezer, f/f, wash m/c and dishwasher, non essential/luxury goods that I left in initially as nowhere to store and they didnt have much themselves, stupid me I hear you say but once mugged, wont happen again.

mind the gap
26-01-2009, 18:36 PM
To be honest I think that if you went in there at this point and tried to remove the goods, your T would (understandably) be very hacked off. If the goods were there when he looked round the property (or he was told they would be there) then he actually might have a case for challenging their removal anyway.

Also, having thought about this, T could, in theory, deny you access for the purpose of removing these items. Then you would have to go to court to get acces and even then, I bet there isn't a clause in your TA which says 'LL may enter the premises to remove large items of equipment such as dishwasers and fridges', now is there?!

I think your best hope is to get them added to inventory pronto and make it cystal clear to T that you will pursue him thought the courts for all rent and any damage he inflicts on the property/contents.

I take it you have protected his deposit?