A little bit of legal advice (property in UK)if there are any solicitors on here?!
#1
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A little bit of legal advice (property in UK)if there are any solicitors on here?!
Ok, long story short, I let my house out in the UK, my washing machine was over 7 years old, so it was suggested by my agent that I 'gift' it to the tenant. That way, he could use it til his hearts content, but if it broke down, I'd not be responsible for replacing it. I did this because the rest of the appliances were new but the WM wasn't.
Tenant moved out end of April, after 15 months, contract ceased. He left washing machine behind. He said that if he got his full deposit back he'd leave WM, if he didn't, he'd take it. (Yes, in the end he was a right asshole.)
Tenant left house in a pretty bad way, very very dirty, Dad took the responsibility of spending several days cleaning it up, poo off the toilets, hoovering (Dad doesn't think the wee fella had a hoover as it was honkin!!!), steam cleaning the stair carpet, acid cleaning the tiles on the kitchen floor, changing the silicone sealant on the shower as it was putrid, as was the shower cubicle. He even had to clean out the fire as the tenant had used it, but hadn't bothered cleaning up after himself. The outside also needed sorting bigstyle, including the gardens needing cut etc.
End result, we kept £125 of his £425 deposit, to cover the costs of cleaning. My Dad spent several days there, both inside and out, as said before, even cleaning up the tenants poo off the toilets - DISGUSTING!!!
Tenant is now threatening with legal action as he didn't get all of his deposit back, he can sing for that. However...and this it the bit I need advice on - HE NOW WANTS THE WASHING MACHINE AS HE DIDN'T GET HIS FULL DEPOSIT BACK!!! My opinion is, he didn't take it before the contract ceased, nearly a month has since passed, so in all honesty, he can't have it. I've since had viewers who are very interested, and have also seen the washing machine insitu, so......
So, is he legally allowed to have it back, even though he didn't take it at the time, and has now since changed his mind....
Tenant moved out end of April, after 15 months, contract ceased. He left washing machine behind. He said that if he got his full deposit back he'd leave WM, if he didn't, he'd take it. (Yes, in the end he was a right asshole.)
Tenant left house in a pretty bad way, very very dirty, Dad took the responsibility of spending several days cleaning it up, poo off the toilets, hoovering (Dad doesn't think the wee fella had a hoover as it was honkin!!!), steam cleaning the stair carpet, acid cleaning the tiles on the kitchen floor, changing the silicone sealant on the shower as it was putrid, as was the shower cubicle. He even had to clean out the fire as the tenant had used it, but hadn't bothered cleaning up after himself. The outside also needed sorting bigstyle, including the gardens needing cut etc.
End result, we kept £125 of his £425 deposit, to cover the costs of cleaning. My Dad spent several days there, both inside and out, as said before, even cleaning up the tenants poo off the toilets - DISGUSTING!!!
Tenant is now threatening with legal action as he didn't get all of his deposit back, he can sing for that. However...and this it the bit I need advice on - HE NOW WANTS THE WASHING MACHINE AS HE DIDN'T GET HIS FULL DEPOSIT BACK!!! My opinion is, he didn't take it before the contract ceased, nearly a month has since passed, so in all honesty, he can't have it. I've since had viewers who are very interested, and have also seen the washing machine insitu, so......
So, is he legally allowed to have it back, even though he didn't take it at the time, and has now since changed his mind....
#2
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
I think you should have got professional cleaners in and kept a lot more of his deposit...
Anyway re washing machine, I think if you had it in writing that it was gifted you are going to have to give it to him. The way I see it is if he left his sofa there say, you wouldn't be asking if he was allowed to take it now.
Anyway re washing machine, I think if you had it in writing that it was gifted you are going to have to give it to him. The way I see it is if he left his sofa there say, you wouldn't be asking if he was allowed to take it now.
#3
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Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
I think you should have got professional cleaners in and kept a lot more of his deposit...
Anyway re washing machine, I think if you had it in writing that it was gifted you are going to have to give it to him. The way I see it is if he left his sofa there say, you wouldn't be asking if he was allowed to take it now.
Anyway re washing machine, I think if you had it in writing that it was gifted you are going to have to give it to him. The way I see it is if he left his sofa there say, you wouldn't be asking if he was allowed to take it now.
#4
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
Since the washing machine is old and will need replacing soon, I would give it to him. That will save you the cost of paying to have it removed when you buy a new one (can be £25 or more). Have a new one fitted before you get the new tenants in (I'm sure they'll be more than happy to have a newer machine). Think of it in terms of an investment in your property. While it is tempting to do things on the cheap, my experience is that spending a bit extra on these sorts of things (including cleaning) pays off in terms of less stress and hassle in the long term. Try to look at this as your business and keep emotions out of it. Hard I know, but it will make the whole process easier for both you and your dad.
However, don't under any circumstances let him in the house unaccompanied, as he may be tempted to do some damage while he is there.
Of course, he may not actually want the washing machine. Could be interesting to see what he does if you offer it to him.
However, don't under any circumstances let him in the house unaccompanied, as he may be tempted to do some damage while he is there.
Of course, he may not actually want the washing machine. Could be interesting to see what he does if you offer it to him.
Last edited by jmh; May 28th 2011 at 3:50 am.
#5
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Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
Since the washing machine is old and will need replacing soon, I would give it to him. That will save you the cost of paying to have it removed when you buy a new one (can be £25 or more). Have a new one fitted before you get the new tenants in (I'm sure they'll be more than happy to have a newer machine). Think of it in terms of an investment in your property. While it is tempting to do things on the cheap, my experience is that spending a bit extra on these sorts of things (including cleaning) pays off in terms of less stress and hassle in the long term. Try to look at this as your business and keep emotions out of it. Hard I know, but it will make the whole process easier for both you and your dad.
However, don't under any circumstances let him in the house unaccompanied, as he may be tempted to do some damage while he is there.
Of course, he may not actually want the washing machine. Could be interesting to see what he does if you offer it to him.
However, don't under any circumstances let him in the house unaccompanied, as he may be tempted to do some damage while he is there.
Of course, he may not actually want the washing machine. Could be interesting to see what he does if you offer it to him.
#6
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
I wouldn't let him into the house at all, get the washing machine outside, preferably off the property, just outside the boundary, say. Inform him by registered post the day it will be available for him to collect. Take photos of the machine waiting for him to pick it up.
Leave it in situ until you have agreement he will collect it under supervision. He may not bother in which case you can keep it until it breaks down.
That's my opinion anyway, and I'm not a lawyer, but I have worked for a council and they won't be picking the washer up for free I can guarantee that.
#7
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
Dismantle the washing machine into as small components as possible, plonk them in a big box and hand them over to him. I think you were way too generous giving him any of his deposit back. Even if it was your dad doing the clean up, you should still have charged the jerk the full amount.
#8
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Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
Dismantle the washing machine into as small components as possible, plonk them in a big box and hand them over to him. I think you were way too generous giving him any of his deposit back. Even if it was your dad doing the clean up, you should still have charged the jerk the full amount.
#9
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
If you're happy to give away the machine then I would tell them they can have it when your legal dispute is resolved.
Also send them a bill for storage.
Also send them a bill for storage.
#10
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
Surely as it was "gifted" to him and he then left without taking it means he doesn't want it? I assume that he knew when he was leaving that he wouldn't be going back, it's a pretty big thing to forget to take with you on your way out the door!
#11
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
Washing machine ? What washing machine. You must have taken it already mate...
#12
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Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
He only wants it now cos he lost £125 of his deposit - MUPPET!!!
Last edited by Jen1977ni; May 28th 2011 at 12:01 pm.
#13
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
Perhaps you just tell him that if he wants anything then he is going to have to sue you and you will not discuss it any further other than in court.
#14
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Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
GBP 125 seems quite cheap for cleaning. He got off lightly. What a pain in the ass.
#15
Re: A little bit of legal advice (property in UK)if there are any solicitors on here?
I agree should have charged him more. A lot of Ulster councils will do a hard rubbish collection for free.
Jen I would give him the washing machine best rid of him.
Jen I would give him the washing machine best rid of him.