UK Landlord Forum / Life

Hi Guys,

I have a tenant in arrears, which has been served a section 8 and my hearing date is in 2 weeks.
The tenant was in the property when i bought it one year ago.
they have a normal standard AST.

the property was bought furnished, but no itenerary was given.
I later walked around the property and asked which appliances were mine.
I was agreed that the washing machine and other items were mine.

After I obtained a court date, the tenant is disputing that the washing machine and some other appliances belong to her.
It turns out that she threw out my washing machine and claims she bought a new one. (she did this without telling me).

When this goes to court and she is evicted. what can I do if she takes the appliances with her?

I have no receipts for the appliances, but I am in verbal contact with the previous owner who says the appliances were part of the sale.
I also have this on my purchasing documents, stating that the apartments was fully furnished when i bought it.

Can i ask for you help / opinions?

Many Thanks, Stev

If I was you... and I'm glad I'm not... then I would focus on the BIG THING. The BIG THING in this situation is moving towards your non-paying (one assumes) Tenant being out of your property. A washing machine is neither here nor there in the grand scheme of things. Nor is a giant list of expensive Neff appliances, really. Maybe Miele and I'd be with you - but I'm guessing they're not Miele.

What can you do in the eventuality that the Tenant takes your stuff? You can make a claim against her just like you would any other person that owes you (usually money). But - as I say - it's noise level. You say "when" she is evicted, but what I'd be worried about is "whether" / "if". Ensure that part goes smoothly first and foremost. Deal with one thing at a time. Now, if the Tenant takes their stuff... in that there's a receipt for this other washing machine... you can't really go around asking for that - you're still asking for a level of compensation for a washing machine that's at best a few years old, maybe older... what is a washing machine worth these days? The cheapest you can find on John Lewis is an Indesit at £219.99. And you cannot ask for the entire cost, because the washing machine is not brand new - it has depreciated in the time it was present at the property, so at very best you would be due a portion... a measly percentage. You must have bigger worries with the predicament you're in? Don't sweat the petty things and don't pet the sweaty things.

Yes, it's all very wrong and unfair - for hundreds of years the rich, educated and powerful have abused the poor, feckless and weak... now it's their turn (well, if it takes their fancy).

I used the washing machine as one example to make my post more clear. In reality, she claims she owns half the cupboards, the fridge, the 3 piece suit and a table. that mounts up to a lot more than £219.99.

Just to clarify, if she takes the stuff, i should take her to the small claims court?

You can certainly try,but without definite proof you may not win.I suppose a letter from the vendor would be a start.If you just want to teach her a lesson by getting her a CCJ ,then I would say go for it.If you actually hope to get enough money back to purchase replacements, you probably will fail.A lot of money ends up never paid,despite the judgment. I would say "Goodbye and good riddance" and  move on.She's caused you enough aggravation. 

Quote from: steve99k on March 08, 2018, 04:01:53 PMI used the washing machine as one example to make my post more clear. In reality, she claims she owns half the cupboards, the fridge, the 3 piece suit and a table. that mounts up to a lot more than £219.99.

Just to clarify, if she takes the stuff, i should take her to the small claims court?

It would be wise of you to provide all the pertinent facts when asking for help. Why does she want half of the cupboards - are they much better than the others? What will she do with a 3-piece suit - go for an interview? Very formal of her, I must say.

But, yes, Small Claims.