Removing chattels

[Zub_Zub]

Hey. My partner and I have been rent a house for almost two years. Its our first rental property and I have a couple of thing I would like answers to.

First when we moved in the land lord said they where going to get rid of some stuff out the front of the house (it a shed that had fallen down before we moved in) and a couple of other things around the garden. These still have not been done. There not that big of an issue but should they have moved it and done the jobs?

Second we rented the house as Semi furnished. We now have our own stuff and a flatmate moving in. We have checked about the flatmate moving in, and asked if some of the furniture could be removed. Can we ask for this? And can they say no?

The last thing is a shed on the property which they said we could store stuff in when we moved in. Now they are asking for it to be removed on leaving only the Lawn Mower and Bikes in the shed. We are relaxed as tenants and don't mind the Landlords daughter using the shed everyday to get food out for her horse. Can they ask us to removed our stuff?

We have been good tenants, keeping the place as tidy as we can and allowing all inspections and the rent have never been late.

Any help would be great
Thanks heaps

[essence]

First when we moved in the land lord said they where going to get rid of some stuff out the front of the house (it a shed that had fallen down before we moved in) and a couple of other things around the garden. These still have not been done. There not that big of an issue but should they have moved it and done the jobs?

As you said, you've been in the property for two years, so yes, they should've removed the garden and the other things. A verbal contract is still a contract.

Second we rented the house as Semi furnished. We now have our own stuff and a flatmate moving in. We have checked about the flatmate moving in,

You asked, did they say yes?? If so, get them to sign a written piece of paper agreeing to this.

..and asked if some of the furniture could be removed. Can we ask for this?

Yes.

And can they say no?

Yes. In this circumstance, what did the LL provide to the property for it to be semi-furnished?? By asking him to remove "some furniture", is it now all your furniture, therefore "unfurnished"??

The last thing is a shed on the property which they said we could store stuff in when we moved in. Now they are asking for it to be removed on leaving only the Lawn Mower and Bikes in the shed. We are relaxed as tenants and don't mind the Landlords daughter using the shed everyday to get food out for her horse. Can they ask us to removed our stuff?

Sorry, but I'm having a little trouble understanding your writing style. From what I understand, the LL allowed you to store stuff in the shed when you moved in. Now they're asking you to remove your stuff?? But the LL's daughter is using it to store food for her horse??

Hmmm, I can see you're trying to sort things out with the LL but it may be worthwhile to apply to Tenancy Services for a Mediation hearing.(http://www.dbh.govt.nz/tenancy-mediation), that way there won't be any confusion for either the LL or the tenant. It costs $20 to apply and then you're given a hearing date. You can apply on line so long as you have a valid credit card. Just follow the website.

We have been good tenants, keeping the place as tidy as we can and allowing all inspections and the rent have never been late.

Hey, this is the type of tenant all LL's want!!!

The problem here is that the tenancy seems a little casual (not everything is in writing) and later on when there are problems, it can become a case of "he says/she says".

Mediation's the way to go.

[NZGEMS]

HI Zub Zub,
Perhaps as far as the shed goes TT is the way to go, but I would think if you were told you could use the shed why should it change, normally when you rent a house you take the whole property on. You allow the daughter to store her horse feed there too. Did you have all this written into a contract? Did they even ask about that when you first moved in? Is it that you have cluttered up the shed so much with "junk" that no one can move in there? Just wonder why they would ask that. If you have stuff you need to sell get yourself on trade me, I know I have often sold off surplus stuff on there. Should be having a clean out myself again at present.

Are you even allowed to take on a flat mate? Most tenancy agreements have a maximum number of people so you may need the land lords permission to have a flat mate anyway. As far as asking him to take his furniture, fine, if he has somewhere to store it. I know as a landlord myself I may be reluctant depending on how much furniture was involved as where would I keep it? My garage at home is already full. Still costs nothing to ask, maybe you should ask why their change of heart in letting you use the shed too. He may be concerned if you don't want the furniture you think you should pay less rent too, so perhaps you could assure him you are still happy to pay the same rent, this may help.

There are plenty of rentals around if all else fails that is one good way to look at it. The tenant has plenty of choices.

[Zub_Zub]

Hi, Thanks for the help guys.

We are allowed 5 adults living in the house. Its written on the Tenancy agreement we signed. We have rang the LL anytime someone has moved in or out.

We are only trying to get two single beds removed. We have had to move them into the living room. I can see them getting damaged there, but the LL says they have no where to store them.

The shed is a bit annoying as we keep it tidy and havn't complained about the horse feed in there. My cat loves it because of the mice it attracts. Luckly it is some distance from the house. Im not sure why they changed there mind.

Im not to keen to go to the TT. The problems we have are small. And they say are going to do the garden and rubbish in a couple of weeks. So we will give them some time to do it.

Once again thanks for your help.

[essence]

We are only trying to get two single beds removed. We have had to move them into the living room. I can see them getting damaged there, but the LL says they have no where to store them.

That's not your problem. If you have the full amount of 5 tenants in the property, it makes it very difficult to live around beds in the lounge. It could also be a Health and Safety issue. What happens if there is a fire in the property and the occupants need to get out in a hurry?? If they are getting damaged, your LL won't be happy with that and MAY decide to ask for compensation (or replacement of the beds).

Don't be afraid of Mediation - unless of course you've got something to hide ie like a "informal" tenancy. Ring Tenancy Services on 0800836262 and speak to them. You don't have to give your name. Be completely honest and tell them if you don't have a written tenancy, and then go on to explain the situation.

I'm not sure why they changed there mind.

It doesn't matter that they have changed their mind. Their original agreement was to allow you access. They have to stick with that.

I'm not to keen to go to the TT. The problems we have are small.

That's the exact reason why one goes to TT, so that small problems are fixed before they become big problems and communication breaks down between the tenants and LL.

Don't allow yourselves to be victims because the LL is "doing you a favour" by renting the property (under normal rent rates?).

Even in an illegal tenancy, you are still protected by the law. It is the LL's problem in allowing an illegal tenancy to exist.

[Tan]

I think that as the house was rented semi furnished, the furniture is the tenants problem to use or store.

Ask if the landlord wants the beds. Single beds are a dime a dozen. Maybe you could offer to sell them & forward the money to the landlord.

If not, you will need to store them. Is there space under any other beds in the house to slide them?