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Is this theft or at the very least a mistake that she should rectify

(10 Posts)
frekkles Tue 29-Sep-09 09:18:07

I rent a studio space to paint in. I am the leaseholder and have been for 8 years. I usually rent out half of the space to another artist. This is common practise.

My current studio share (girl A) is moving out of the studio at the end of the month and I am getting a new person in. The other day when I was in the space I noticed she had removed a table.

This table was left in the space by the tenant before her (girl B), who didn't want the hassle of removing it and said I could have it. I therefore left the table in that side of the space for the girl A to use.

I asked girl A why she had removed the table. She said that Girl B had told her to do what she wanted with it when she moved in and therefore it was hers. I asked her to return it and she has refused, saying that the table belongs to neither of us and that she needs it.

Surely this table is mine as it was left in my space. Seems girl B told both of us to do what we wanted with it though. So that's where the confusion lays.

I am so bloody angry. Surely if it was in my space when she moved in then she has no right removing it without asking. I've said to her that I can accept that she made a mistake removing it without checking with me and to please return it asap. She says that the only way I can have it back is if i come and get it, as she is not willing to incur costs of returning it. I think this is out of order!

Am I being unreasonable?

Bathsheba Tue 29-Sep-09 09:22:20

Was the studio space rented to her as "furnished" or "non-fursnished"...??

(as much as studio space can be furnished etc...)

If it was rented as furnished then its reasonable for her to leave it with the furniture that was in it when she rented it, just as in a flat.

Does she know girl B - it seems Girl B might be the problem here rather than girl A - girl B told you that you could keep the table, but she appears to have also told girl A that she can keep the table, so the confusion comes in at that point - its not really girl A's fault if she thinks of the table as hers given that the previous owner said she could have it - its just that the previous owner also said you could have it....

ILoveStripeySocks Tue 29-Sep-09 09:22:25

hmmmmmmmmm, i think maybe you are, a little. She was told by girl B that she could what she liked with it, and she has. She wasnt to know that girl B had said the same to you.

Also, you are not out of pocket for it, it was a freebie. Is it expensive/difficult to replace?

sounds like maybe you went in at the deep end with girl A, and she has now got defensive.

pjmama Tue 29-Sep-09 09:25:23

If it belonged to the previous tenant and she told both of you that you could have it, then I guess neither of you have any more claim on it than the other? From her point of view, it was an item owned by girl B who told her she could keep it, so why should she think it has anything to do with you? She didn't know that you'd been told the same thing.

If you really want it back that badly, you're probably going to have to go and get it and just accept this was a misunderstanding all round.

fruitshootsandleaves Tue 29-Sep-09 09:33:58

I'm guessing you weren't using it? She has been a little unreasonable by taking it without discussing it with you and you are unreasonable to want it back. Just let it go.

claw3 Tue 29-Sep-09 09:49:56

Frekkles - As a leaseholder, you own and are responsible for everything within the four walls of your property.

But unless you are prepared to take her to Court, i dont see how you will get it back.

frekkles Tue 29-Sep-09 10:04:26

it was furnished. out of my generosity and good wiil. I also let her use my shelves, chairs, easels.

she doesn't particularly know girl b. they met up breifly when one was moving out and the other moving in.I would have used the table myself, but was pregnant at the time and couldn't lift furniture around the space. I will in future not be as nice and not allow someone to use my stuff

i cannot be bothered to go and get it. i have a four month old baby. It's a heavy sixfoot long wooden table. i guess she knows that so i'll just have to accept it. sooo angry though that someone would act like this though.

thanks for the perspectives. interesting that some folk agree with her. och well

Issy2008 Tue 29-Sep-09 22:06:09

Claw- this is incorrect. It's a dispute of ownership which has nothing to do with the tenure of the building. I would say unless you had clarified the position beforehand that she had as much right as Frekkles to the table.

4SucksFake Tue 29-Sep-09 22:59:44

Definitely blurry as to who "owns" it now, as it appears that Girl B transferred "ownership" to both of you.

Bummer for you, but I think you'll have to let it go.

InMyLittleHead Tue 29-Sep-09 23:10:37

Morally, I think it's yours but legally you'll have trouble proving it. She's a cheeky so and so for taking it, imo

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