Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

Furnished Flat Question

20 replies

Earlybird · 28/03/2015 14:05

A few years ago, we left London for work and rented out our flat, fully furnished. it was perhaps more fully furnished than a typical rented flat, as we didn't take many things with us, and didn't want to ship/dispose of/store them.

The tenant got in touch a few days ago to say the microwave and telly are failing and need to be replaced. I will happily replace the microwave as it is an essential kitchen appliance. However I am inclined to advise the tenant that replacing the telly is down to him.

Is that fair? Am not an experienced landlord, so don't want to get it wrong by being too tight, or too generous. And for those of you who say telly replacement is down to him, would appreciate guidance as to how to inform him in a straightforward way that will not cause problems between us. (I'm far too soft, you see!). He is a good tenant who, for various reasons, is getting a below market rate on the flat. Fwiw.

Thank you for advice.

OP posts:
askalice · 28/03/2015 14:12

Was the TV on the inventory? If it was, then I'd say you should replace it.

If he rented the flat with the understanding that it included a TV, then unless he broke it himself, I don't see how you can expect him to replace it?

HirplesWithHaggis · 28/03/2015 14:15

Agree with alice. You did make a full inventory, didn't you?

wowfudge · 28/03/2015 14:15

I agree with askalice. I hope there is a proper tenancy agreement in place and you've protected his deposit. Not only are you responsible for repair/replacement of the appliances in the flat, you may also need to have them PAT tested too.

LIZS · 28/03/2015 14:28

If it was there and working at the onset you should replace . They can be pretty inexpensive now anyway.

SolomanDaisy · 28/03/2015 14:28

I think you have to replace the TV,unless you specifically excluded it from the inventory and made it clear that it was just left in the flat not included as part of the furnishings. I don't think you have to PAT test. I'd clarify what the tenant means by failing though, are they actually broken?

Original poster
Earlybird · 28/03/2015 15:09

Our rental agreement is fairly informal, which makes this sort of question a grey area. The list of inventory of items is loose, as we left behind many things that would not normally be found in a furnished flat. The rent is lower than market rate to compensate for that - though certainly it could be argued that the tenants use/enjoy those items (stereo system, etc). As i said previously, we didn't choose to ship these things and also preferred not to remove/store them.

I suppose i was thinking that having use of the telly was a nice thing for as long as it lasted, but it is certainly not an essential item. The microwave, on the other hand, is absolutely an essential item and will be replaced with no question.

OP posts:
LIZS · 28/03/2015 15:13

A contract can't be "fairly informal". Hmm If you left these things to be used the tenant reasonably expects that to get continued throughout. Fwiw we put such items in storage when we made abroad. If you left beds, curtains and sofas I assume they meet fire regulations, also that deposit is in a scheme.

askalice · 28/03/2015 15:17

I don't think I have ever rented a furnished flat in London that didn't have a TV (and that was included in the inventory), so in my experience it's standard to have a TV in a rented flat, and not just a sort of luxury of nice thing.

SolomanDaisy · 28/03/2015 15:27

Oh. You really need to learn some stuff about tenancy law. Your definition of essential doesn't come into it. Do you actually have an inventory?

Original poster
Earlybird · 28/03/2015 15:35

Of course we have a contract. But from the start this was intended to be a short term agreement. We initially thought we'd be back in the flat after a year (which is why we didn't ship/store/dispose of the furnishings and other items), but circumstances have worked out differently, which suits us all.

I am not a professional landlord and would have done things differently if this was strictly an investment property. But instead, it is our home, which we intend to return to at some point, and we have rented it out fully furnished. It was always understood that because the circumstances were a bit unconventional, the rent was (and remains) significantly below market rate.

My desire is not to debate whether I have done things 'properly'. All I want is advice on whether I am ethically/morally obliged to replace an aging telly.

OP posts:
Original poster
Earlybird · 28/03/2015 15:37

Fwiw, when I rented a furnished flat (back in the dark ages! Grin), a telly was not included and I had to buy my own.

OP posts:
LIZS · 28/03/2015 15:38

But presumably you knew that from the start.

Original poster
Earlybird · 28/03/2015 15:40

knew what?

OP posts:
LIZS · 28/03/2015 15:42

That a tv wasn't included when you rented. You don't need to provide an expensive replacement but to similar spec.

wowfudge · 28/03/2015 15:59

Hmm - it doesn't really matter whether you intended to be a professional landlord OP or not. I'm afraid you could be on a very sticky wicket when it comes to not replacing things that break or stop working if that's what you choose to do; with your mortgage company if you don't have their permission to rent the flat out; with the courts if you have not ensured the tenant's deposit is properly protected in a deposit scheme or have failed to have a gas safety check carried out (assuming there is gas in the flat, there may not be) and you could have the mother of all problems on your hands if, when the time comes, your tenant doesn't move out and needs to be evicted and you have to go to court. Should your tenant take or damage your things you may have very little recourse to get them replaced or repaired. Proving they were there could be a hurdle for starters.

Original poster
Earlybird · 28/03/2015 16:06

Lizs - yes, i knew so wasn't expecting a telly to be provided.

wowfudge - thanks for the advice. Fwiw, deposit protected, gas safety check done annually and certificate issued.

I'm not a 'cowboy' landlord! If anything my lack of professionalism in the area has caused me to be overly generous, so simply trying to figure out if telly replacement is a reasonable request.

OP posts:
Annabannbobanna · 28/03/2015 16:19

If it is not on the inventory then you do not have to replace it. However if many of your personal items are not included in the inventory, how do you know they will still be there when you return? Without the inventory, there is not any proof they actually ever existed.

StrawberryCheese · 28/03/2015 16:25

I rented a fully overly furnished flat and a TV was included and if anything went wrong with it I would have expected the landlord to replace.

Or, I would have bought my own, but it would belong to me, to take with me when I leave, not to replace your property. Unless of course I was the cause of the TV not working. I'd be claiming on my contents insurance to get a replacement for you if that was the case.

askalice · 28/03/2015 17:56

Is his deposit in a tenancy deposit scheme? Whether you consider yourself to be a " professional" landlord or not is neither here nor there. He is your tenant, and has certain rights. I'm not trying to be harsh, but for your own sake you should regard the situation in a more " professional " way, or else you are opening yourself up to all sorts of pitfalls

askalice · 28/03/2015 17:57

Sorry - just saw that deposit is protected

New posts on this thread. Refresh page