Breach of Contract or not??

[DDee]

I am a landlord & manage a few properties myself and in a difficult situation.

I have tenants that have started to rent a property a few weeks ago . The agreement has been signed for 12 months - the property in question has a hot tub in the back garden , which the tenants has asked for the instructions & manual.

The Landlord has now come back to me and has told me that they want to sell the Hot Tub, as a) they need the money & they are concerned that the tenants might damage it and as it is pricey the deposit would not cover costs.

I have not sure on any legal implications for both parties concerned , & would appreciate any advice somebody could pass on !

Regards

[jam]

any property left would be assumed to be part of the let - unless this was made clear at the outset of the tenancy. The tenants would be correct to assume that the tub was part of the package. You may wish to negotiate with the tenants / offer a lower rent to take into account the loss of the hot tub.

If it is left the landlord would be responsible for its upkeep and repair. They should also under take a health and safety risk assessment. This would include providing details as to its safe usage.

[F-Prop]

I think this has been asked before and I still think the landlord is out of order!

Once the tenancy has started, he can't remove the hot-tub without agreement with the tenants, and they will be well within their rights to negotiate a lower rent as compensation if he does. I think you would have a draw up new agreements too.

As Jam pointed out, the landlord is responsible for the upkeep and repair, but it's a bit late for him to be worried about this now!

I think you need to point out to the landlord that unless the tenant agrees to the removal of the hot-tub (and probably a lower rent too) it must stay for the duration of the tenancy agreement.

If the tenant wants to keep the hot-tub I think the law would be on his side.

Trevor.