breach of contract??

[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

[Melboy]

I would be really hacked off if I was renting an agreed tenancy property with a Hot Tub and then a few weeks into the tenancy the Landlord wants to sell it 'cos he is broke.

You won't hear me say this very often, but I am with the Tenants on this one and they should keep the Hot Tub.

The time to sort out what is staying and what is not included is prior to the signing of contracts.... not after the event. If your Tenants kick up a fuss about it I think they have a genuine greivance against the Landlord.

Mel.

[Trenners]

Hi - I totally agree with Melboy.

The landlord provided the property complete with Hot Tub and it was on this basis that the tenants presumably decided to accept a 12month tenancy at an agreed rent. I assume that the Hot Tub formed part of the property inventory at the commencement of the tenancy.

If the landlord now wants to remove the Hot Tub then it would seem to me that the landlord would be breaching the contract that he formed with the tenants.

With the landlord in breach of contract - the tenants would be 1) free to re-negotiate the terms (and probably a LOWER rent) of the tenancy agreement or 2) free to walk away from the tenancy if a compromise can't be reached with the landlord - with their security deposit refunded in FULL.

Tell the landlord that "he is not thinking straight".

Explain that the landlord is providing a SERVICE to the tenants and that the SERVICE includes the provision of the Hot Tub. If he didn't want to provide a hot tub then he shouldn't have provided it !

If the landlord tries and removes the hot tub now he will seriously upset the tenants who will almost certainly demand a lower rent, may want to re-negotiate the tenancy term and might even quit.

It never fails to amaze me how "greedy" some landlords can be !!

[F-Prop]

I agree with the tenants too! The hot-tub should stay!

God am I really saying that! Aren't us landlords supposed to stick up for each other!

The landlord can't sell a fixture of the property that's been agreed after the tenancy has been signed - that's just madness! I can't believe the landlord is even considering it.

I would explain to the landlord that it is not possible to sell the hot tub until the end of the tenancy as it now forms part of the agreement which is legally binding. The property was accepted at the start of the tenancy "as is" if the landlord was worried that the deposit would not cover the damage then he should of insisted a higher deposit.

I'm afraid he's only got himself to blame.

Best of luck sorting it out!

Trevor.