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spare
09-12-2011, 22:51 PM
Hi
Is it ok for an agent to add a piece of paper to sign at the outset of signing a tenancy agreement that says that any goods left by tenant at the end of the tenancy can be disposed of?
Cheers

bhaal
09-12-2011, 23:31 PM
Almost certainly not. There are consideration issues and the clause may be void as an unfair term.

mariner
10-12-2011, 01:52 AM
Any subs subs variation to Contract should be initialled by both parties, dated and appended to orig Contract.
I partly agree with Bhaal there may be other considerations
1 if clause is added just prior to signing AST, then T should be allowed time to consider/seek advice. Variation should not be introduced during T.
2 It is reasonable to expect a T who has given Notice to vacate or has been served with Court Order to vacate by a certain date/ Bailiff notice of eviction date should not remove all possessions by due date. If not, LL should be able to reclaim cost of disposal or storage costs.
I am fed up of paying commercial disposal costs of Ts unwanted items
I would also extend Council powers for fly-tipping to private landowners. Within days of a property being vacated, the demised land was fly-tipped with broken TVs mattresses, furniture, household waste, building rubble. Clearance resp is property owner with no support from Council for enforcement of fly-tipping.

theartfullodger
10-12-2011, 09:06 AM
This guidance on this excellent site suggests a clause, but I am not aware of it being tested in't courts (the only place you actually find out if something is or is not legal: Opinions posted here are but that, opinions, albeit some revered posters I'd bet ...most of.... my shirt on their being right...)

http://www.landlordzone.co.uk/uncollected_goods.htm


The landlord may remove, store and if not collected within 30 days, may sell or otherwise dispose of any furniture or goods which the tenant fails to remove from the property at the end of the tenancy. The tenant shall be responsible for all reasonable costs which the landlord may incur. The landlord shall be entitled to deduct such costs from any monies lawfully due to the tenant

Tessa gives advice here..

http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

and quotes this case...


In the recent case of Cashmere v. Walsh, Downing and Veale the tenant, amongst other damages, was awarded £6,515 for the landlord failing to return the goods in question.

... tread carefully for you may be treading on your own bleedin' wallet,,,...

midlandslandlord
10-12-2011, 10:09 AM
The OFT has this:

"
The tenant will be responsible fo
meeting all reasonable removal
and/or storage charges when items
are left in the premises. The
landlord will remove and store them
for a maximum of one month. The
landlord will notify the tenant at the
last known address. If the items are
not collected within one month, the
landlord may dispose of the items
and the tenant will be liable for the
reasonable costs of disposal. The
costs may be deducted from any
sale proceeds or the deposit and if
there are any costs remaining they
will remain the tenant's liability."

Here http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

Page 102.

ML

spare
10-12-2011, 11:03 AM
Thanks guys yes there is a clause in the AST it is a fair one that gives time and then storage etc as u describe, but would signing a separate document saying they would agree to the items left being gotten rid of or would that not overwrite the law on this subject.
Cheers

midlandslandlord
10-12-2011, 12:06 PM
Thanks guys yes there is a clause in the AST it is a fair one that gives time and then storage etc as u describe, but would signing a separate document saying they would agree to the items left being gotten rid of or would that not overwrite the law on this subject.
Cheers

If it's in the agreement in an approved form personally I wouldn't worry about a separate letter that might scare them off.

ML

spare
10-12-2011, 23:20 PM
Problem is the fair term in the AST gives 30days storage of goods etc.

Doesn't look like there is a way around this. Surely if someone is ok to sign this at the start of the AST knowing what would happen to their items once they vacate them surely it's not wrong or forcing them into anything untoward. Or is that just me.