Landlord not fully moved out

TestTransmission

Recently moved into a new rental property,was owner occupied until now and so is in great condition.However the landlord seems to have stored quite alot of his personal belongings in the attic and also in a small service area attached to the building.

I found this out as UPC need access to this door and the letting agent wasn't willing to give me the key as the landlord had some valuable property such as golf clubs stored there.Surely if I am renting the place,none of his personal belongings should be stored anywhere in the property?

It his given me the feeling that the landlord is only after moving out temporarily and will be looking to move back in in a few months.Any suggestions?

Kosseegan

What does the schedule of your lease describing the premises say?

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Kosseegan wrote: »

What does the schedule of your lease describing the premises say?

Standard 12 month lease like all leases I've ever had.
What if he wanted the place back for himself in a month or two?Isn't there an exclusion for a landlord or his relatives?

Dermo

does the lease mention that the attic and small service area are part of what you are renting?

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Dermo wrote: »

does the lease mention that the attic and small service area are part of what you are renting?

I don't know,that would be something I'd have to check.No lease I've ever had said it excluded the attic.

RentDayBlues

You have a lease, the LL cant kick you out if he decides he wants to come back.

I would tell the agent that you need access to the area for your own storage and that the LL will need to move his stuff. As to the stuff in the attic, is it bothering you? If not, I would just make sure you noted what was there and got the LL to sign it to ensure there is no issue when you move out and some of his stuff is suddenly gone missing

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RentDayBlues wrote: »

You have a lease, the LL cant kick you out if he decides he wants to come back.

I'm pretty sure he can,the fact he has left so many belongings there has got me wondering if that's his intent.

RentDayBlues wrote: »

I would tell the agent that you need access to the area for your own storage and that the LL will need to move his stuff. As to the stuff in the attic, is it bothering you? If not, I would just make sure you noted what was there and got the LL to sign it to ensure there is no issue when you move out and some of his stuff is suddenly gone missing

It's bothering me to the fact that i can't throw empty boxes,christmas decorations and all that stuff up there as it's pretty full.The fact that none of the stuff is listed on the inventory could also make this messy if something was to ever go "missing"

Treehouse72

Sounds like a typical clueless amateur landlord. By leaving his "valuables" there it shows he has no conception what renting "his" property means. He still thinks it's his house, not yours. Such bloody ignorance.

People complain about landlords, but when you get one who knows what they are doing it's great. I actually admire good landlords who know their trade. It's the BTL monkeys I can't abide.

Anyway, doesn't sound like he has a leg to stand on. I'd politely negotiate either the spaces back or - my preferred option - a rent reduction.

Kosseegan

Write to the landlord and ask that the goods be removed and a key given to you. Tell him you expect it done within 14 days. If he does not do it complain to the PRTB that your right to quiet enjoyment is being breached.

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Treehouse72 wrote: »

Sounds like a typical clueless amateur landlord. By leaving his "valuables" there it shows he has no conception what renting "his" property means. He still thinks it's his house, not yours. Such bloody ignorance.

People complain about landlords, but when you get one who knows what they are doing it's great. I actually admire good landlords who know their trade. It's the BTL monkeys I can't abide.

Anyway, doesn't sound like he has a leg to stand on. I'd politely negotiate either the spaces back or - my preferred option - a rent reduction.

Kosseegan wrote: »

Write to the landlord and ask that the goods be removed and a key given to you. Tell him you expect it done within 14 days. If he does not do it complain to the PRTB that your right to quiet enjoyment is being breached.

Exactly what I was thinking , there's wrapped presents,suitcases,tennis racquets and other stuff in the attic.I think he does still indeed think he's still living there.

athtrasna

Was it mentioned before you moved in? In our case many years ago, we moved out of our house a month before our new place was ready to facilitate the tenants. We had a deal that we would store some stuff in the attic short term until our build was finished.

RentDayBlues

TestTransmission wrote: »

I'm pretty sure he can,the fact he has left so many belongings there has got me wondering if that's his intent.



It's bothering me to the fact that i can't throw empty boxes,christmas decorations and all that stuff up there as it's pretty full.The fact that none of the stuff is listed on the inventory could also make this messy if something was to ever go "missing"

Okay , why ask if you know the answer? He cannot just kick you out, you have rights as per your lease. I would advice yo do a little bit of reading to familiarise yourself with tenant law www.threshold.ie

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athtrasna wrote: »

Was it mentioned before you moved in? In our case many years ago, we moved out of our house a month before our new place was ready to facilitate the tenants. We had a deal that we would store some stuff in the attic short term until our build was finished.

No,none of this was mentioned to me.

RentDayBlues wrote: »

Okay , why ask if you know the answer? He cannot just kick you out, you have rights as per your lease. I would advice yo do a little bit of reading to familiarise yourself with tenant law www.threshold.ie

I think you got a bit confused there I'm asking about his personal belongings being stored in my residence,nothing to do with him giving me notice to move out.

Azureus

athtrasna wrote: »

Was it mentioned before you moved in? In our case many years ago, we moved out of our house a month before our new place was ready to facilitate the tenants. We had a deal that we would store some stuff in the attic short term until our build was finished.

Difference being that you had a deal with the tenants and they knew the score, plus it was short-term. By the sounds of this, the tenant wasnt supposed to know about this stuff and the landlord has the intention of using the rental property as storage. I wouldnt be comfortable with that at all unless the landlord did up an inventory and reduced my rent due to the inconvenience of it all.

Xiney

I wonder is the landlord aware that his valuables wouldn't be included in most rental insurances - that might get him to move them.

the_syco

Has he said that you're unable to use anything in the house? Tell him that you're thinking of using the golf clubs that came with the rented house... :pac:

variety

RentDayBlues wrote: »

You have a lease, the LL cant kick you out if he decides he wants to come back.

TestTransmission wrote: »

I'm pretty sure he can,the fact he has left so many belongings there has got me wondering if that's his intent.

Do you have a Fixed Term lease? If you do, it will say it very specifically in at least one area.
If you went through a letting agency you will almost certainly have a fixed term lease.

If you do, the LL cannot kick you out before the end of the fixed term except due to antisocial behaviour or other serious breach of conditions.

The clause that if LL or his family wants to move into the property only applies to Part 4 tenancy agreements. And they can only do that once they have given the appropriate notice.

quozl

TestTransmission wrote: »

I'm pretty sure he can,the fact he has left so many belongings there has got me wondering if that's his intent.

You are completely mistaken in this. You really ought to know your rights as a tenant, otherwise you're asking to be taken advantage of.

odds_on

Your lease should state the address of your rented property. Unless there is a specific exclusion for the attic space then you have rented the ENTIRE property including the attic.

Advise the landlord to remove his property within say 14 days (a reasonable time). Failure to do so will result in you making a claim with the PRTB for non-compliance of the landlord obligations and you will be seeking damages for loss of use of the space occupied by LL's belongings.

When the LL wants to remove his belongings he must first of all agree a time with you, he cannot just "appear" on the doorstep (or even worse, in the house) You are entitles to quiet enjoyment of the property without the LL or his agent suddenly appearing.

3DataModem

Flipping amateurs.

Grrrr.

(1) Check lease to ensure that this is not covered in lease
(2) Write to agent...
(a) You have noticed some previous occupants stuff in attic / storage space
(b) No idea what is there
(c) You are going to dispose of it in seven days as you need the space and suspect the stuff may be a fire hazard and could be invalidating your tenants insurance... and of course you need the space
(d) Agent has 14 days to shift it (giving 24 hours notice) or a skip will be hired at landlords expense.

Send letter REGISTERED. Always. Call agent to tell them letter is on the way.

Wait for phone call, won't be long.