UK Landlord Forum / Life

...Are we sitting comfortably? Many apologies, I thought this was going to be quick...

I've recently said goodbye to 2 tenants who'd been in my property for nearly 3 1/2 yrs. On the whole they've been ok but over the years haven't been the best at notifying with issues (inc some minor ones that have led to wall damp, flooring being ripped up etc).

They gave me 3 and a tad weeks notice on a rolling 1 month AST contract, this was all agreed to... I emailed them with the things to do before they move and that's when the landlord/tenant relationship got frostier. (Ie forward post, start sorting bills, leave house (complete with dog hair) clean ("normal" not "prof"), take all stuff. tra la la)

They were expecting their deposit upon leaving - I did put them straight on why this wouldn't happen (as per AST agreement, proof of moving/final bills needed etc).

Then I went to the house to find the shed 1/4 full of M tenant's work stuff (avoiding a broken toe, but it was a close shave!), and the roof had basically rotted through due to roof coming off and us not being notified (as per clause ... in the AST).

I've had to hire a mini skip and spent 2 hours shifting their (stinky, wet) stuff (I have to say i spent a heck of a lot more time shifting the ruined decorating (and other) stuff that was also stored in there). I've contacted the deposit scheme, and also sent a helpful, factual email to ex-tenants re costs of skip, time and just 3 items that need replacing... Just over £200 - half of that being the skip. (There's a clause about removing property/being charged in the AST)

...and they've gone completely postal... Yep, I wouldn't be too happy either, but there again I'd have opted for the "tell the landlord, shift me stuff" option.

I've had 3 emails and 2 calls already this evening. They are demanding their full deposit back, and saying they were not responsible for said shed as it wasn't on the contents. I'm just referring them to the DPS company. Am I right in doing this??? Also, where do I stand re not specifically naming the **** shed. (Apologies, my erstwhile calm seems to be ebbing...)

Bah, gah and bah.

Sounds like you've had enough.  Speak to the T's and agree with them that you'll go for independent arbitration through the deposit scheme and that's what it is there for, to protect them.  I'm sure they'd agree to that.  It's a coin flip which way it will go though but seems the easiest option.

It's a but of a grey area.

Personally I think it's part of the cost of letting, that your tenant especially after 42 monthly rent payment, isn't going to be 100% when leaving.

You're annoyed, I get that, but you also indicate that you understand there frustration too.

I would say "hey grubby tike, it's cost £200, you don't agree, if we take it to arbitration its going to take weeks if not months.... Shall we call it £100 and agree it now and you can have your money in a week??"

Stick to referring them to arbitration with the deposit company.

If you want to win a (totally useless) point you can mention that if they didn't think the shed was part of the rental,
why did they put stuff in it?
Buildings including outbuildings aren't "contents", contents are things that go inside buildings.

If the shed's fixed to the ground it's a fixture.

It's not clear what the stuff in the shed was, but - if you believed it to be their stuff - did you communicate with the Tenant to give them the opportunity to collect it (at their own expense)? I gather that it might just be waste 'stuff'... but I would not have arranged a skip without getting agreement from the potential owner of said stuff that I could remove it... my AST says that things left behind can be stored by me for a certain time (which the Tenant will be responsible for) as opposed to me just disposing of them.

I would guess that they don't want this stuff... but if this goes on it should be clear that it was obvious waste stuff and not something the Tenants could say they wanted (obviously they shouldn't, as they left it in the first place but I'd not want it to get icky).

If they were given the opportunity to collect their stuff - and did not, or did not wish to - then I think you did the right thing by disposing of it and billing them for it. Keep all your evidence - photos would be good, invoice for skip - and suggest going straight through to dispute resolution with the deposit scheme - the Tenants may either put-up or shut-up at that point. It's up to you if you want to make the deal a bit sweeter for them - but it seems like you incurred real costs here so I'd not be minded to let them off. As was mentioned earlier - the Tenant saying they didn't think the shed was included in the agreement is nuts if you can prove that it was most definitely their stuff in there... calmly pointing this out to them would hopefully get you somewhere, but maybe not if they're angry.

Quote from: jpkeates on March 19, 2014, 08:28:32 AM

Buildings including outbuildings aren't "contents", contents are things that go inside buildings.

If the shed's fixed to the ground it's a fixture.

I'll make sure it's screwed to the ground 1st thing...! 

Thanks for the advice & thoughts...

I took loads of photos, and did speak to the tenants about what we've had to do - which they initially accepted - but then they came back with the comment re it not being on the inventory... I suppose I'll have to see on this one.

Personally just a bit nonplussed about the argument - esp having rented for yrs myself and stumping up when I've caused damage... (accidentally, I may add!)