Minor damage to rental property - how to deal with fairly?
Discussion
I bought a B2L about 18 months ago. It was a brand new flat about 18 months prior to that (so three years old now). When I bought it, it was pretty much in brand new condition. No works required for the tenant to move in.
It has been tenanted by one person for my entire ownership however she is due to move out at the end of the month. I was showing a prospective tenant round the other day and noticed a small amount of damage to the worktop. I would guess a hot pan has been placed directly on the top and caused a ring to appear in the laminate. The surface is still smooth to touch so it is purely cosmetic. The tenant has kept the rest of the flat in excellent shape.
I'm a little disappointed with what's happened, especially as I provided grids to place hot pans on to prevent this happening. The schedule of condition states that the worktop is "Clean and undamaged".
I stupidly forgot to take a photo of the damage at the time so can't share it here.
I'm not sure how to proceed so would like some advice on how to deal with it fairly. I don't think it's fair wear and tear but I'm not going to replace the worktop so wouldn't feel comfortable charging her for that.
The only other time I have had a similar situation was in another property where the tenant knocked over a 2l bottle of coke on the centre of the living room carpet. Despite him trying to get it professionally cleaned the stain wouldn't come out. I charged him half the cost of a new carpet as I wasn't going to get it replaced.
It has been tenanted by one person for my entire ownership however she is due to move out at the end of the month. I was showing a prospective tenant round the other day and noticed a small amount of damage to the worktop. I would guess a hot pan has been placed directly on the top and caused a ring to appear in the laminate. The surface is still smooth to touch so it is purely cosmetic. The tenant has kept the rest of the flat in excellent shape.
I'm a little disappointed with what's happened, especially as I provided grids to place hot pans on to prevent this happening. The schedule of condition states that the worktop is "Clean and undamaged".
I stupidly forgot to take a photo of the damage at the time so can't share it here.
I'm not sure how to proceed so would like some advice on how to deal with it fairly. I don't think it's fair wear and tear but I'm not going to replace the worktop so wouldn't feel comfortable charging her for that.
The only other time I have had a similar situation was in another property where the tenant knocked over a 2l bottle of coke on the centre of the living room carpet. Despite him trying to get it professionally cleaned the stain wouldn't come out. I charged him half the cost of a new carpet as I wasn't going to get it replaced.
If you have clear photos of the before state to accompany the check in, I might be tempted to ping a token fifty quid off the deposit for it. If not, might as well grin and bear it, as any deductions won't be upheld.
Although if the rest of it is good at checkout, then I would probably waive it.
Although if the rest of it is good at checkout, then I would probably waive it.
Thanks for the replies. I will of course talk with her and will try to come to an agreed approach. However I wanted to get some perspective beforehand.
God knows how much it'd cost to replace - if I couldn't find a match then the upstands and splashback would have to be done at the same time.
God knows how much it'd cost to replace - if I couldn't find a match then the upstands and splashback would have to be done at the same time.
We had a very similar sounding situation about 18 months ago. The tenant put a hot pan straight on the surface. They were very embarrassed. I can't remember exactly what the surface was but it couldn't be repaired and the supplier wasn't convinced they could colour and pattern match correctly so we had to do the whole surface and upstands on both halves of the kitchen.
The tenant was very good about it and we actually replaced it with granite which turned out to be less expensive than what was there previously and I was much happier with.
The tenant was very good about it and we actually replaced it with granite which turned out to be less expensive than what was there previously and I was much happier with.
Dicky Knee said:
If that is the only issue and the rent has been paid in full then you have done really well. I would let it go and keep my fingers crossed the next tenant is as good.
This ^^^Edited by Dicky Knee on Thursday 16th February 09:06
I actually left one of the places I rented in a significantly better state then when I moved in. Redecorated, filled a load of holes etc. Never got a word of thanks from the landlord, I guess the fact he said it was okay to decorate the place in the first place was what made me want to move in, the purple and orange decor didn't hang around for long!
The Moose said:
I'm still against the grain on this it seems.
If they've caused damage that is not normal wear and tear (and I'd call that beyond normal wear and tear) then by not getting a contribution you are giving your tenant money. Ultimately you're running a business.
He isn't intending to spend money replacing it though, so he's not really giving the tenant money surely?If they've caused damage that is not normal wear and tear (and I'd call that beyond normal wear and tear) then by not getting a contribution you are giving your tenant money. Ultimately you're running a business.
If the tenant has been a good tenant and there is limited wear and tear I would just not bother doing anything, s
t happens life goes on.
Replacing the work surface with a direct match will be difficult, time consuming and not really worth it, unless you can do it yourself with the same spec work top, I guess in reality you will just leave it, hence why bother doing anything
As per above if the only issue from a medium term tenant is this you are doing very well!
Tennant could still argue its wear and tear (even if its not) and argue the costs of replacing the entire worktop and splashbacks is too much for cosmetic issue
t happens life goes on. Replacing the work surface with a direct match will be difficult, time consuming and not really worth it, unless you can do it yourself with the same spec work top, I guess in reality you will just leave it, hence why bother doing anything
As per above if the only issue from a medium term tenant is this you are doing very well!
Tennant could still argue its wear and tear (even if its not) and argue the costs of replacing the entire worktop and splashbacks is too much for cosmetic issue
Edited by TwistingMyMelon on Thursday 16th February 14:08
voicey said:
Thanks for the replies. I will of course talk with her and will try to come to an agreed approach. However I wanted to get some perspective beforehand.
God knows how much it'd cost to replace - if I couldn't find a match then the upstands and splashback would have to be done at the same time.
If you decided to replace would the cost of splashbacks etc be yours?God knows how much it'd cost to replace - if I couldn't find a match then the upstands and splashback would have to be done at the same time.
As I understood it, you can only charge/deduct reasonable costs for the damage, so replacing the entire kitchen surface isn't reasonable for one bit of cosmetic damage? Not suggesting you would, just trying to clarify for my own mind!
I could be wrong
It's a 'buy to let' and so presumably you'll be letting it again in the future.
It was only a matter of time before something like this happened and so I personally would just move on and not make too much fuss.
Any incoming Tenant might just want it recording somehow.
If this is the only damage then I think that you've not done badly.
It was only a matter of time before something like this happened and so I personally would just move on and not make too much fuss.
Any incoming Tenant might just want it recording somehow.
If this is the only damage then I think that you've not done badly.
Burnt worktops are not fair wear and tear, particularly where you've provided trivets.
However, you can't claim for replacement. You could claim for a percentage of the value of the worktop today.
Let's assume cost £1500 to install, normal life around 10 years. Depreciates to zero over that time. Damage is to a small percentage of the worktop. If 5 years old, value around £750 for the whole thing, 10% of value for the damage - you can reasonably claim about £75.
Tenants kept the place clean and tidy, let you carry out viewings for new tenants, paid the rent on time? Call it goodwill.
However, you can't claim for replacement. You could claim for a percentage of the value of the worktop today.
Let's assume cost £1500 to install, normal life around 10 years. Depreciates to zero over that time. Damage is to a small percentage of the worktop. If 5 years old, value around £750 for the whole thing, 10% of value for the damage - you can reasonably claim about £75.
Tenants kept the place clean and tidy, let you carry out viewings for new tenants, paid the rent on time? Call it goodwill.
blindspot said:
Burnt worktops are not fair wear and tear, particularly where you've provided trivets.
However, you can't claim for replacement. You could claim for a percentage of the value of the worktop today.
Let's assume cost £1500 to install, normal life around 10 years. Depreciates to zero over that time. Damage is to a small percentage of the worktop. If 5 years old, value around £750 for the whole thing, 10% of value for the damage - you can reasonably claim about £75.
Tenants kept the place clean and tidy, let you carry out viewings for new tenants, paid the rent on time? Call it goodwill.
I agree with this. I do a lot of landlord and tenant dilapidations claims (acting for either party) and can see that this is a very sensible approach. My only comment would be that the worktop has to be replaced at some point and therefore a larger percentage of the cost should be claimed. If the OP decides to sell the place within the expected lifetime of an undamaged worktop, it is likely that the purchaser would want to reduce the asking price by the value of a replacement worktop. Allow at least £150, if not more.However, you can't claim for replacement. You could claim for a percentage of the value of the worktop today.
Let's assume cost £1500 to install, normal life around 10 years. Depreciates to zero over that time. Damage is to a small percentage of the worktop. If 5 years old, value around £750 for the whole thing, 10% of value for the damage - you can reasonably claim about £75.
Tenants kept the place clean and tidy, let you carry out viewings for new tenants, paid the rent on time? Call it goodwill.
JM
joshcowin said:
Really!? Are you going to replace the worktop?
Yes some minor damage has been caused to your property. It seems like an honest mistake/accident, just let it go. Its not going to affect the rental value and assuming you are not going to replace the worktop it has cost you nothing!
A kitchen is an expensive thing, much like your car. If you lent your car to a mate and he scraped it accidentally, or curbed a wheel, would you feel the same way?Yes some minor damage has been caused to your property. It seems like an honest mistake/accident, just let it go. Its not going to affect the rental value and assuming you are not going to replace the worktop it has cost you nothing!
I am really not trying to be contradictory but it seems to me that a mark in a nice worktop somewhat ruins a good kitchen. Just my opinion obv!
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