Here is a question to the blog clinic from Louise who is a landlord
Since my last quarterly inspection, my new tenant has disposed of the white goods I provided ( all in good working order and just over 1 year old) and replaced them with her own without asking me. Can I keep the ones she has bought as her deposit will not cover the cost of replacing them if and when she leaves?
Answer
This is a tricky one. As the items were purchased by the tenant they arguably belong to them meaning they can take them away when they leave.
So if the landlord does not want the replacements they can certainly insist on the tenant removing them and then taking the cost of replacing the original items from the deposit.
However, can the landlord keep them? It is arguable that as they were purchased as a replacement for the landlord’s own items, they actually belong to the landlord. Indeed I recall that at least one landlord telling me he succeeded on this basis at court.
What is your experience? Have you been able to keep white goods and other replacement items purchased by tenants?
If the tenant disposed of the landlord’s property without permission, doesn’t the tenant have an obligation to compensate the landlord for that loss?
If so, presumably the landlord could, if offered, accept the new items as compensation in lieu of cash?
I’d personally claim the cost of the originals rather than accept the tenants items in lieu of cash.
Firstly, the original items may have still been within their Guarantee period (which the tenant’s replacement machines might not). Secondly, the landlord has to ensure that the items are safe before the next tenancy (which they cannot know for sure if they’ve accepted the tenants items, unless they pay for them to be PAT tested).
Very good points. So if the landlord agrees to accept them in lieu this could be on condition that they pay for the PAT testing.
Are the tenants actions not theft?
Arguably yes, but you will never get the Police to do anything about it.