Rented property - reasonable wear and tear

Rented property - reasonable wear and tear

Author
Discussion

mnkiboy

Original Poster:

4,409 posts

167 months

Monday 10th September 2012
quotequote all
Hi all,

We recently moved out of a rented property, and have been asked for £350 to replace the mantlepiece, due to a burn mark which was caused by my girlfriend placing a small candle on it with nothing underneath. The burn is circular and slightly larger than a £2 coin.

Understandably i'm not happy with having to purchase a brand new fire surround to replace the current one, due to what I perceive to be a minor cosmetic mark. I would class it as wear and tear, and would be happy to make a £50 contribution towards it.
Apparently it is a one-piece fire surround so the whole thing has to be replaced.

Any suggestions? Also our deposit isn't protected under any scheme, as the house was rented from family (which makes the whole situation twice as stressfull!)

sinizter

3,348 posts

187 months

Monday 10th September 2012
quotequote all
That is not fair wear and tear. Your girlfriend should have been more careful.
Why should the landlord have to accept a damaged fixture ?

S10GTA

12,698 posts

168 months

Monday 10th September 2012
quotequote all
mnkiboy said:
Hi all,

We recently moved out of a rented property, and have been asked for £350 to replace the mantlepiece, due to a burn mark which was caused by my girlfriend placing a small candle on it with nothing underneath. The burn is circular and slightly larger than a £2 coin.

Understandably i'm not happy with having to purchase a brand new fire surround to replace the current one, due to what I perceive to be a minor cosmetic mark. I would class it as wear and tear, and would be happy to make a £50 contribution towards it.
Apparently it is a one-piece fire surround so the whole thing has to be replaced.

Any suggestions? Also our deposit isn't protected under any scheme, as the house was rented from family (which makes the whole situation twice as stressfull!)
It's not reasonable wear and tear is it? It is avoidable damage, and I am afraid you are liable for it.

For reference, reasonable wear and tear is a carpet going threadbare due to people constantly walking on it.

mk1fan

10,525 posts

226 months

Monday 10th September 2012
quotequote all
It was damaged due to your (the tenants) negligence. If the fireplace can't be repaired in situ then your LL is perfectly entitled to replace it and charge you for it. Alternatively, you could get it replaced but I suspect that you've already vacated the property.

To put it another way. How would you react if you lent your car to a friend who then bashed the front wing in. Then came back and said that it doesn't need repairing?

Deva Link

26,934 posts

246 months

Monday 10th September 2012
quotequote all
mnkiboy said:
the house was rented from family...
Smashing rolleyes

What's the mantlepiece made of - maybe the "minor cosmetic mark" can be polished out?

The Restorer

842 posts

229 months

Monday 10th September 2012
quotequote all
Deposit not protected under a scheme. If it should have been, surely you can recover all of that back plus some...

CraigVmax

12,248 posts

283 months

Monday 10th September 2012
quotequote all
I'd ask to ascertain if the damage can be repaired, can it be sanded and painted etc?

At the end of the day though I'm afraid thats not wear and tear but damage that you as tenants have caused so its reasonable that they have the property back as it was when you began your tenancy.

anonymous-user

55 months

Monday 10th September 2012
quotequote all
The Restorer said:
Deposit not protected under a scheme. If it should have been, surely you can recover all of that back plus some...
Not necessarily. As soon as a LL realises they are about to get in trouble for this they can lodge the deposit with the DPS and I believe all is OK.

This based on some old knowledge so may not still be right.

mk1fan

10,525 posts

226 months

Monday 10th September 2012
quotequote all
The Restorer said:
Deposit not protected under a scheme.
Irrelevant to the negligence and the damage caused by the OP.

sinizter

3,348 posts

187 months

Monday 10th September 2012
quotequote all
The Restorer said:
Deposit not protected under a scheme. If it should have been, surely you can recover all of that back plus some...
Only a matter of time before this was brought up.

Obviously wasn't a problem for either party until this disagreement, and then it could be 'let's do whatever possible to screw the other party'

JimmyJam

2,324 posts

220 months

Monday 10th September 2012
quotequote all
garyhun said:
The Restorer said:
Deposit not protected under a scheme. If it should have been, surely you can recover all of that back plus some...
Not necessarily. As soon as a LL realises they are about to get in trouble for this they can lodge the deposit with the DPS and I believe all is OK.

This based on some old knowledge so may not still be right.
Yep, this loophole has now been closed.

mnkiboy

Original Poster:

4,409 posts

167 months

Monday 10th September 2012
quotequote all
Yes you're rght it's damage rather than wear and tear.
I'm still unhappy about paying full price for a fire surround that wasn't even new when we moved in. We are in effect replacing their old (but admittedly in good condition) fire surround for a new one.

We have looked at repairing it, but even if you can sand down the mark, there's no way we could re-create the same paint finish.

motco

15,974 posts

247 months

Monday 10th September 2012
quotequote all
Deva Link said:
mnkiboy said:
the house was rented from family...
Smashing rolleyes

What's the mantlepiece made of - maybe the "minor cosmetic mark" can be polished out?
Is it this 'family'?


Liszt

4,329 posts

271 months

Monday 10th September 2012
quotequote all
mnkiboy said:
Yes you're rght it's damage rather than wear and tear.
I'm still unhappy about paying full price for a fire surround that wasn't even new when we moved in. We are in effect replacing their old (but admittedly in good condition) fire surround for a new one.

We have looked at repairing it, but even if you can sand down the mark, there's no way we could re-create the same paint finish.
Why not just repaint it?

Rude-boy

22,227 posts

234 months

Monday 10th September 2012
quotequote all
IF the damage can easily be repaired then £350 sounds OTT.

Using the Car/wing/dent analogy earlier you'd offer to have the dent pulled out and damage made good if possible, sort a new wing and spray if not.

From having done the self same stupid thing to my own property 30 minutes with some sandpaper, a vacuum, a brush and some stain/varnish no one would have any idea once it had dried.

If it can't be repaired then you will have to stump up for a new one.

Given that it is family my advice would be to do whatever is going to avoid fallout that will cost you far more than £350 over the next 50 years. If that means sucking up £250 worth of lost deposit more than you think is fair then you have learnt the lesson that you don’t do business with family on something like this.

Rude-boy

22,227 posts

234 months

Monday 10th September 2012
quotequote all
Liszt said:
mnkiboy said:
Yes you're rght it's damage rather than wear and tear.
I'm still unhappy about paying full price for a fire surround that wasn't even new when we moved in. We are in effect replacing their old (but admittedly in good condition) fire surround for a new one.

We have looked at repairing it, but even if you can sand down the mark, there's no way we could re-create the same paint finish.
Why not just repaint it?
Wrote my piece but only just able to check and post it and then saw this had come up.

As above. Sanding and repainting is surely the way forward.

The Restorer

842 posts

229 months

Monday 10th September 2012
quotequote all
sinizter said:
The Restorer said:
Deposit not protected under a scheme. If it should have been, surely you can recover all of that back plus some...
Only a matter of time before this was brought up.

Obviously wasn't a problem for either party until this disagreement, and then it could be 'let's do whatever possible to screw the other party'
Not necessarily. The TDS is there to help mediate in cases such as this. Is the landlords request fair that the tenant pays for a whole new surround when it's second hand and a repair is possible? Because the landlord did not register the deposit this can't be done now.

It wasn't the tenants responsibility to register into the scheme. It was the landlords.

Having been a landlord, will probably be one again soon and renting a property myself I'm not really one to be taking sides.

mnkiboy

Original Poster:

4,409 posts

167 months

Monday 10th September 2012
quotequote all
Liszt said:
Why not just repaint it?
It's a marble effect fire surround, we'd never get it to the original standard. I'm sure painting the whole thing wouldn't go down too well either.

If it were up to me, i'd just put something on top of the mark. It's a small mark, which doesn't effect the function of the fire surround, and certainly doesn't look like £350 worth of damage.

shtu

3,465 posts

147 months

Monday 10th September 2012
quotequote all
Well then, the onus is on you to return it to original condition for less, since you've decided that price is unreasonable.

dtmpower

3,972 posts

246 months

Monday 10th September 2012
quotequote all
mnkiboy said:
Any suggestions? Also our deposit isn't protected under any scheme, as the house was rented from family (which makes the whole situation twice as stressfull!)
How do you mean 'family' - what is the relationship ?

If I rented it from my close family, I would have just fixed it up rather than let them discover the damage.