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Sep, 2014

Sunday

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  1. #1

    Default Fully Furnished Obligation

    Hi Everyone,
    I was hoping that someone may be able to help with the below as not entirely sure what to do next.

    Myself and my partner viewed a property mid May. We were shown around by the manager of a local estate agent who confirmed at the viewing that the property was fully furnished and we would get 'everything but the tv'. We fell in love with the property and although a little more expensive (£750p/m) than others we viewed the fact that we could move in straight away with all furniture provided was enough to convinve us to take it.

    We paid the deposit, got all referencing done and were ready to move into the property on a 12 month contract.

    On the move in day we went to the estate agent who got us to sign the paperwork and then were given the keys.

    On arrival at the property we were slightly shocked that we had no beds and one chest of drawers across the two bedrooms, and other items we were used to receiving in previously furnished flats was not present (eg hoover). Obviously we were annoyed that we had been told that we would receive everything but the tv and received only the living room and kitchen fully furnished. On the first day the estate agent confirmed that the landlord had signed with them to rent the property fully furnished and as such would arrange for beds. on the first day we were provided with a double bed for the main room with the cheapest mattress possible and not as was viewed initially.

    Since that time we have spent 6 months chasing the estate agent to sort the issue out or to reduce rent, finally getting to the property ombudsman. TPOS confirmed to us that they felt that our complaint was with the lanlord as out tennancy agreement was not with the estate agent. We got given a small amount of compensation from the estate agent for the time wasted in dealing with this case, but are yet to get a satisfactory conclusion.

    we were sold the property as fully funished and have had to furnish the second bedroom ourselves. Now that we have spent 6 months furnishing the rooms we do not want the landlord to provide furniture and therefore were wondering if it is possible to get the rent reduced and backdated inline with other properties in the area which were sold semi furnished.

    Does anyone ahve any suggestions?

    Thanks
    Dan

  2. #2
    Join Date
    May 2009
    Posts
    14,115

    Default

    Are you saying that you had to buy a bed and a chest of drawers for the second bedroom? And that's it?

  3. #3

    Default

    My suggestion would be to just deduct the amount you've spent on furniture from your next rental payment, at which point that furniture becomes the landlord's property.

    Possibly you could also make some deduction for your time spent sorting it out, and possibly also some deduction from the rent as compensation for the time you didn't have that furniture for.

    Send a letter to whoever you pay rent to explaining & detailing the deductions.

  4. #4
    Join Date
    Mar 2009
    Posts
    8,846

    Default

    Strongly suggest you do not take jheenan's suggestion - it might get you evicted....

    Do you have any evidence that it was offered "fully furnished"?? (eg advert, email, letters..)???

    If so there are avenues open to you (trades description etc..) as well as a really viscous one that may well sour relations for ever, pointing out to agent/LL that claiming tax allowances for furnished when it ain't (see HMRC guidance...) would be some sort of offence/fraud and perhaps someone would like to make amends....

    However it is of course possible LL is not claiming furnished tax-deal...

    Cheers!!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  5. #5

    Default

    Quote Originally Posted by theartfullodger View Post
    Strongly suggest you do not take jheenan's suggestion - it might get you evicted....
    Absolutely agree with that

    Anything you do /might/ get you evicted though - if you annoy the landlord, there's absolutely nothing to stop you getting evicted at the end of the 12 months and he doesn't need to state his reasons.

    Would a landlord evict someone over a few 100 quid, when it's clear that the estate agent has acknowledged that the property is not as was agreed? Probably not in my opinion. If they took you to court over the unpaid rent you would, in my opinion, have a valid counterclaim.

    Actually - I'm not entirely clear on that point re-reading your initial post - has the agent agreed the property isn't as was agreed?

    But it is definitely a risk. And I'm not a lawyer. If the landlord did seem to get really upset about it, you always have the option to pay him/her the withheld amount.

  6. #6

    Default

    Was an inventory not signed detailing all the furniture and other items included in the rent along with their condition? this would solve all this and surely be beneficial for both sides.

  7. #7
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    I am beginning to think we must be in a parallel universe.

    Talk to your landlord. Ask him to reimburse you.

    If he refuses, move out.

    If you like it too much to move out, pay for the items yourself and take them with you when you leave.
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

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