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Tenant getting rid of furniture

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  • 03-11-2013 3:53pm
    #1
    Registered Users Posts: 10,462 ✭✭✭✭


    Just wondering what are the rights of the landlord in the situation where a tenant gets rid of furniture without the landlords prior approval? This seems like an obvious one, but there was recently a ants infestation in the residence.

    The tenant hired a rent a kill person, which is all fine and well but it was done without the landlords permission. The carpet was replaced as a result.
    Furthermore and the latest problem is the tenants decision to chuck out furniture without any prior consultation of the landlord.. after claiming it was affected by the infestation, apparently... there was no written correspondce from the extermination professional expressing this, so it's really just going on her word.

    If they do that there's nothing to stopping them from claiming that half the contents of the house were also affected under the pretence that she didn't like the furniture. The furniture in question has been part of the family home for years and years, so you can imagine the unhappiness of the family following the tenant taking it upon themselves to get rid of furniture without the prior consultation of the landlord. Proper procedure and correct me if I'm wrong, I would of thought was to have a written letter from the extermination company , given by the tenant to the landlord, advising that the piece of furniture was the source of infestation and hence needed to be thrown out.

    It has also not been discarded of correctly as it llies in the garden, which strikes me as odd, as if the extermination company came to the conclusion that it was indeed infested, they would surely have not dumped it in the front garden and discarded of it in the correct manner.


Comments

  • Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    I'd issue a eviction notice and criminal damage proceedings against the tenant.


  • Registered Users Posts: 26,395 ✭✭✭✭noodler


    Well, it does seem a little strange to me that whatever action the exterminator took wouldn't have solved the furnatiure issue.

    Then again, if you use the various chemicals on a couch etc, is it still salvagable?

    Do you feel the exterminators or tenant should have dumped the furniture somewhere more appropriate? Or are you just remarking that leaving a so-called infested counch so close to the house seems strange.


  • Registered Users Posts: 10,462 ✭✭✭✭WoollyRedHat


    noodler wrote: »
    Well, it does seem a little strange to me that whatever action the exterminator took wouldn't have solved the furnatiure issue.

    Then again, if you use the various chemicals on a couch etc, is it still salvagable?

    Do you feel the exterminators or tenant should have dumped the furniture somewhere more appropriate? Or are you just remarking that leaving a so-called infested counch so close to the house seems strange.

    Yes to both questions, I find it odd the location the couch was dumped, and in any case not on, whether it was by the exterminator, who would have to have been paid by the family, or the tenant. I also would of thought that the exterminator would have been able to save the couch, it wasn't leather. But the problem is there was no communication from the hired help, so who's to know. The tenant should surely have provided this.

    Don't know if eviction is the right course of action here.. yet.


  • Registered Users Posts: 1,663 ✭✭✭MouseTail


    What actio did the LL take when informed of the ant infestation? If the LL was informed and took no action, it is reasonable that the tenant themselves hired rentokill or whoever and followed their instructions.
    It was however unreasonable of the tenant not to liaise with the LL regarding the disposal of the infested furniture. I wouldn't be too hasty as LL to issue eviction proceedings unless I had crossed all ts regarding dealing the infestation.

    If the LL was not informed, that's a different story.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    It sounds highly suspect to me to be honest.
    What sort of ants do we have in Ireland that would cause this sort of issue?
    Also- where ants are an issue- in general- its because of lack of precautions on the part of the person living there.
    Even a really bad case of termites- wouldn't necessarily cause the sort of trouble this person is claiming was caused by ants.

    In the absence of documented proof on the part of the tenant- I would assume it was either a case of negligence on their part- or the tenant milking the situation to get new furniture/decorations- without just cause- and in either case, I'd suggest it should come out of their deposit.

    We really need to start letting properties unfurnished like the rest of Europe and the States (bar the UK)- it would solve all these type issues.


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  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    The furniture in question has been part of the family home for years and years, so you can imagine the unhappiness of the family following the tenant taking it upon themselves to get rid of furniture without the prior consultation of the landlord.
    Two things. First off, it seems that the house was the original home, and thus "the family" still has emotional attachment to it. Best getting rid of the attachment, as it's a business.
    Second; when you say years and years, how long are we talking? Also, how long has the tenant been there for?


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    In the absense of anything from the extermination company to say that the furniture had to be diposed of, Id say that the tenant is fully liable for the loss. Even if there was a genuine reason to dispose of the furniture it should not have been done without informing the landlord first.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    I had our apartment sprayed last summer ,because of ants ,never had to replace anything other than some food stuff ,
    Certainly didn't need to replace furniture or carpets ,

    Sounds like the tenants are using the excuse to ditch the landlords furniture and carpet ,

    But chances are it probably needed replacing anyway ,its not the right way to go about it though


  • Closed Accounts Posts: 4,180 ✭✭✭hfallada


    My parents are LL and had an issue with ants.Im 95% sure they used rent a kill( they are actually the best) and they used cyanide to kill the ants. The ants bring the poison backed to the den(?) and they all die within a few days. I imagine OP the ants (if there actually was any in the first place) would be under the floors) and your tenant used ants as an excuse to get rid of furniture he/she didnt like. Like why would ants live on a carpet?

    I would ring rent a kill and ask them to explain the procedure for killing ants. They have got rid bed bugs twice for my parents( they are near impossible to kill) and nothing had to be thrown out. I seriously think you should evict that tenants before half you furniture is gone( which you will have to replace)


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Highly dubious claims from the tenant and to do anything like this without the LL consent is simply not allowed.

    It sounds like they never informed the LL. OP can you confirm whether the LL was aware of any issues prior to this.

    Ants die off in the winter too so strange they would do this in any recent time. A regular ant trap tends to solve such problems within a few days so even rent a kill is a bit extreme.

    If they have paid for the furniture and the carpet they have to leave them behind assuming the LL accepts a like for like replacement. Disposal is to be paid and done by the tenant.

    Were they hoping kids would take the stuff to a bonfire?


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  • Registered Users Posts: 3,997 ✭✭✭3DataModem


    Ask the tenant to provide proof that the furniture had to be disposed of... the exterminator should be able to provide this.

    When this is not provided, advise tenants that they need to make good the items disposed of, or face criminal damage and eviction proceedings.

    Now, you also need to stop all this "family home" and "sentimental value" nonsense. The minute you leave chattels in a rented property it is pretty much like putting a match to them; not because of bad tenants, just because even good tenants will not treat them the way you will. Coffee ring on the bureau? Scratch on the bedside table? All pretty much wear and tear to them, and correctly so. The property is the TENANTS home; in every sense, until they move out.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    3DataModem wrote: »
    Coffee ring on the bureau? .


    That isn't wear and tear that is damage due to neglect. I have a 50 year old bureau and there isn't a single coffee ring on it. In saying that you can't have any attachment to furnishings in a property.

    While a property is the tenants home they do not have rights to neglect it or damage it. They also do not have the right to live how they please i.e. be filthy.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    It sounds highly suspect to me to be honest.
    What sort of ants do we have in Ireland that would cause this sort of issue?
    Also- where ants are an issue- in general- its because of lack of precautions on the part of the person living there.
    Even a really bad case of termites- wouldn't necessarily cause the sort of trouble this person is claiming was caused by ants.

    In the absence of documented proof on the part of the tenant- I would assume it was either a case of negligence on their part- or the tenant milking the situation to get new furniture/decorations- without just cause- and in either case, I'd suggest it should come out of their deposit.

    We really need to start letting properties unfurnished like the rest of Europe and the States (bar the UK)- it would solve all these type issues.

    You CAN rent unfurnished in the UK. It's more common than you think, and is getting even more popular now as a lot of people move out from their own homes but don't necessarily want/need to buy again in a hurry.

    O/T but I do agree there should be more unfurnished lets here. It's nigh on impossible to find a good quality unfurnished property. I cant be the only one who prefers their own furnishings.


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