Rented property - reasonable wear and tear

Rented property - reasonable wear and tear

Author
Discussion

DanL

6,224 posts

266 months

Monday 10th September 2012
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mnkiboy said:
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.
Well, that's alright then isn't it...

sinizter

3,348 posts

187 months

Monday 10th September 2012
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The Restorer said:
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.
I am aware it goes both ways.

If repair is possible, then repair is fair.

If repair to similar standard is not possible, a replacement is fair.

If the tenant wants to spend the time trying to arrange repairs, or finding used replacements, then that's fine.

If the landlord was to spend his time (possibly away from his job) trying to the above and charged for his time, the total cost might then end up being much higher than a straight replacement.

If the tenant doesn't want to spend the time arranging repairs / used replacements, etc, ... they just have to suck it up and pay.

I say this as soon to be tenant and soon to be landlord.


anonymous-user

55 months

Monday 10th September 2012
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mnkiboy said:
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.
You damaged somebody elses property, if it can't be fixed which it seems it can't then you replace it. It doesn't matter how old it was, there was nothing wrong with it, it is your obligation to put the owners property back in the condition you found it. I find it amazing that you need to be told this, it's common decency.

Edited by anonymous-user on Monday 10th September 13:36

PugwasHDJ80

7,530 posts

222 months

Monday 10th September 2012
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Bluequay said:
You damaged somebody elses property, if it can't be fixed which it seems it can't then you replace it. It doesn't matter how old it was, there was nothing wrong with it, it is your obligation to put the owners property back in the condition you found it. I find amazing that you need to be told this, it's common decency.
sounds like there's an element of betterment here. Why should he pay for a brand new one, when the previous one wasn't brand new when he moved in?

If you damage a 8 year old Mondeo, you aren't expected to replace with a brand new one.

CraigVmax

12,248 posts

283 months

Monday 10th September 2012
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maybe but how do you propose he finds a slightly used but not damaged fireplace ?

anonymous-user

55 months

Monday 10th September 2012
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PugwasHDJ80 said:
Bluequay said:
You damaged somebody elses property, if it can't be fixed which it seems it can't then you replace it. It doesn't matter how old it was, there was nothing wrong with it, it is your obligation to put the owners property back in the condition you found it. I find amazing that you need to be told this, it's common decency.
sounds like there's an element of betterment here. Why should he pay for a brand new one, when the previous one wasn't brand new when he moved in?

If you damage a 8 year old Mondeo, you aren't expected to replace with a brand new one.
If he wants to spend the time sourcing a suitable 2nd hand replacement that would be fine. Comparing a car with a fire surround is not comparing apples with apples is it. Fire surrounds don't really suffer wear and tear and can if treated properly last until the owner wishes to restyle the room. If they are doing that then only a contribution would be required, if they are just replacing it then I see no betterment, having an undamaged new fire surround, doesn't put you in a better situation than having an undamaged 8 year old fire surround.

sinizter

3,348 posts

187 months

Monday 10th September 2012
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PugwasHDJ80 said:
Bluequay said:
You damaged somebody elses property, if it can't be fixed which it seems it can't then you replace it. It doesn't matter how old it was, there was nothing wrong with it, it is your obligation to put the owners property back in the condition you found it. I find amazing that you need to be told this, it's common decency.
sounds like there's an element of betterment here. Why should he pay for a brand new one, when the previous one wasn't brand new when he moved in?

If you damage a 8 year old Mondeo, you aren't expected to replace with a brand new one.
If someone damaged a panel on my car 2y, 4y, or 8y old and they couldn't have that repaired back to the standard it was in, they (as in their insurance) will bloody well pay for a new panel. (Uninsured drivers, hit and runs, etc excepted).

northwest monkey

6,370 posts

190 months

Monday 10th September 2012
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PugwasHDJ80 said:
ounds like there's an element of betterment here. Why should he pay for a brand new one, when the previous one wasn't brand new when he moved in?
That's just daft. It's a fireplace which is a fitting - the term "2nd hand" or "used" doesn't come into it.

If the OP had smashed a window, would the landlord be expected to replace it with non-new glass?

mattdaniels

7,353 posts

283 months

Monday 10th September 2012
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mnkiboy said:
It's a marble effect fire surround, we'd never get it to the original standard.
...and yet you can't see why the whole thing needs to be replaced?

As others have said - this is not fair wear and tear, this is avoidable damage and precisely the sort of thing the deposit is there for.

Wings

5,816 posts

216 months

Monday 10th September 2012
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Where a Deposit is taken from a tenant, and then not protected by the landlord under the Housing Act 2004, then any dispute on deductions from the Deposit, the tenant would have the options of taking a case to the small claims court.

I have known of similar cases/damage to that the OP has posted, being considered by the TDS dispute resolution service, as fair wear & tear. These cases consist of damage to a kitchen work top, cracks to baths, sinks and shower trays.

I believe it is wholly unreasonable of any LL to expect to recover the full replacement costs of an item that has been partially marked, particularly where the landlord has given no consideration to the age of that item.

If a tenant was to find himself in a similar to the OP, with the Deposit not having been protected under the Housing Act, then I am certain the same would be used by the court as a point of evidence, with the decision being made by the court in favour of the tenant.

The offer by the OP of a deduction of £50 from the original Deposit, seems to me to be both fair and reasonable.

Du1point8

21,612 posts

193 months

Monday 10th September 2012
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Not getting the whole, 'yes we damaged it, but you cant notice it if you cover it up, so why should we pay for it' mentality.

Or trying to say its wear and tear.

Person damages something even by accident, then said person should fix or replace said item, not make excuses as to why the other person should not be whole and get kind of pissy and offer a sub standard repair or a contribution.

Not broken before hand = fixed to non broken status afterwards.

wolf1

3,081 posts

251 months

Monday 10th September 2012
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Sorry OP but if you break or ruin an item that can't be repaired satisfactorily then you pay for replacement including fitting. The it's ok to be covered up just doesn't cut it I'm afraid.

GreenDog

2,261 posts

193 months

Monday 10th September 2012
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Bear in mind that if the fireplace has to be replaced it could also be necessary for some redecorating to be done too so £300 might not be too bad. Depends on how the fireplace is fitted of course.

New POD

3,851 posts

151 months

Monday 10th September 2012
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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!)
Your family is trying to screw you on the repair cost. They acted illegally (as in criminally) not putting your deposit in a third party scheme, and if you google it, you'll find that a court could award you twice the deposit back.

Alternatively you could ask for a 'go' at fixing it, before you actually get into an argument.

Slagathore

5,815 posts

193 months

Monday 10th September 2012
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Did you actually sign an AST? If you did, then the deposit should have been protected. If it wasn't, then there are certain things the landlords can't do. I can't remember off the top of my head what they all are, but I know there's certain things.

Could be a bit more relaxed if you were renting from family, and they only took a deposit?

Morally, though, you should offer to pay for the actual repair cost, so maybe get a few quotes of your own or a price for a replacement surround?

Looking at it logically, the type of fireplace surround isn't going to have that much of a bearing on whether the house can be let in the future, so a cheap surround, paid for by you, should be enough, or just re painted in a different finish. I can't see how a painted marble effect would look any good anyway? What has been painted to give the marble effect?

Renting is a minefield anyway, then you went and rented from family! You're a brave man!






JimmyJam

2,324 posts

220 months

Tuesday 11th September 2012
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If it was the carpet which you had damaged then there is the ability to calculate it's average lifespan and therefore increase or decrease your contribution towards it's replacement accordingly. However, obviously a fireplace, if good, should last a very, very longtime so yes, unless it can be repaired then you are liable for replacement.
Re. The deposit, there are no longer fixed boundaries on what the LL can be charged for not registering. However, if taken to court I would guess that it could be argued you were complicit in not registering the deposit because it was a comfy family arrangement and therefore you'd be unlikely to have much if anything awarded in your favour.

mnkiboy

Original Poster:

4,409 posts

167 months

Tuesday 11th September 2012
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Slagathore said:
Renting is a minefield anyway, then you went and rented from family! You're a brave man!
No, i'm a stupid man.

To draw a line under it, i'm agreeing to the £350 deduction from the deposit. It's more hassle than it's worth and the GF is getting stressed about it (we rented from her family).

They can pay for their own teabags, sugar and milk when they come round though. And electricity. And washing up costs.

CraigVmax

12,248 posts

283 months

Tuesday 11th September 2012
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i think yiou've done the right thing, less headache for yourself long term and no comebacks. Spend a lot of time round there leabing against it nonchalantely(sic?) though

dtmpower

3,972 posts

246 months

Tuesday 11th September 2012
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mnkiboy said:
No, i'm a stupid man.

To draw a line under it, i'm agreeing to the £350 deduction from the deposit. It's more hassle than it's worth and the GF is getting stressed about it (we rented from her family).

They can pay for their own teabags, sugar and milk when they come round though. And electricity. And washing up costs.
When you rent from family , is it actually formal ? If her family kicked off about a small thing like this , then you might as well have rented on the open market ?

Deva Link

26,934 posts

246 months

Tuesday 11th September 2012
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dtmpower said:
When you rent from family , is it actually formal ?
I was wondering that. Did you get it a bit cheaper - maybe they're recovering the 'friends and family' discount?