This can be a query to the weblog clinic from Julie (not her actual identify), who’s a tenant.
If a landlord consists of an ‘Addendum’ on the finish of a tenancy settlement, stating that the white items are gifted to the tenant, does this imply that the white items have been given to the tenant (i.e., switch of possession and possession) and, thus, that the tenant can exchange them and/or take away them from the property as they please.
Is the owner allowed to assert them again on the finish of the tenancy?
An instance of such an Addendum:
“The owner understands and the tenant agrees that every one white items are gifted to the tenant from the beginning of the tenancy. The owner shouldn’t be accountable for the restore or alternative of these things.”
Reply
Properly, if the owner says he’s giving the white items to the tenant, and evidences this by placing a clause saying this within the tenancy settlement, he can hardly deny it later.
Assuming the tenancy takes impact (i.e. assuming it’s not cancelled earlier than the tenancy begins), the objects would be the tenant’s property. So the tenant can promote them, dump them or do no matter he likes with them. They are going to be his. Or hers. Or theirs (if it’s a joint tenancy).
The owner can’t anticipate to have the objects again once more if he has given them away! You’ll be able to’t give one thing away and retain possession of it. When you retain possession, you haven’t given it away.
In reality, if the tenant left them behind when he vacated on the finish of the tenancy, it’s debatable that the owner might object to this and possibly cost the tenant for the objects’ removing.
