Fat tenant breaks sofa

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  • Fat tenant breaks sofa

    A brand new sofa is broken after two years due to large & tall tenant - it has worn out quicker than it would've done with an average sized tenant...is it fair wear and tear or accelerated wear & tear! T wants it replaced, landlord is unkeen of course....what are LL's obligations?

    To be fair to the tenant the sofa was probably not bought from Harrods, but still - shd LL have to fork out?

  • #2
    1. Perhaps T had too many chocolate maltesers?
    2. "Broken" does not mean "worn out". T is not liable for fair wear and tear, but breaking the sofa is not within that category of reasonable use.
    3. T should therefore be liable for replacement cost MINUS an allowance for w&t.
    4. Sofa, so good?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      4. Sofa, so good?

      Enough already!!!!!!!!!!!!!
      I offer no guarantee that anything I say is correct. wysiwyg

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      • #4
        In future do not provide furniture when letting properties.

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        • #5
          I would love to see how you would prove that it wore out faster! What constitutes a "large & tall tenant"? How can you say it has worn out quicker than it would have done with an average sized tenant? I am not saying you can't ask the tenant to pay but I am fascinated as to how you would justify it and what "expert witnesses" you would call! Please chair any ideas with the rest of us....
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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          • #6
            Sofa parting is such suite sorrow,

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            • #7
              Perhaps it is the fact that the sofa has "parted" which has led to us all contributing this evening. I must remember to put on my tenancy forms - "average tenants only" - though that would be discrimination I suppose! Anyway off to bed now - suite dreams everyone.
              Unshackled by the chains of idle vanity, A modest manatee, that's me

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              • #8
                Originally posted by islandgirl View Post
                I would love to see how you would prove that it wore out faster! What constitutes a "large & tall tenant"? How can you say it has worn out quicker than it would have done with an average sized tenant? I am not saying you can't ask the tenant to pay but I am fascinated as to how you would justify it and what "expert witnesses" you would call! Please chair any ideas with the rest of us....
                It was brand new 18 months ago - that is not the average shelf life of an average sofa

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                • #9
                  I would think that legally "average" is somewhat like "reasonable" - extremely difficult to quantify...it might be the "average" life of a cheap, basic sofa though agreed not of a very expensive decent one. However how do you prove it? There is no "control" sofa being sat on by an "average" tenant. I am afraid that if I were the tenant I would ask you to prove that it had been damaged by my height / weight before I agreed to contribute and that may be difficult - but that's just me. I suppose the landlord could ask him...
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

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                  • #10
                    Just to say as a LL if faced by this situation I think I would replace it because I dont think the accelerated wear and tear will hold water. I would buy a nice clean 2nd hand one... they are so cheap now.
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

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                    • #11
                      Originally posted by islandgirl View Post
                      Just to say as a LL if faced by this situation I think I would replace it because I dont think the accelerated wear and tear will hold water. I would buy a nice clean 2nd hand one... they are so cheap now.
                      Take care: furniture safety requirements?
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                      • #12
                        Good point Jeffrey,thanks - I am sure there are some 2nd hand ones around which comply though...failing that buy a cheap one!
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

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                        • #13
                          UInfortunately the cheapo sofa manufacturers do not design their sofas to wear, but to wear out as they want to sell you a new one next season! They go to enormous lengths to design just sufficient strength and fatigue resistance into their products to ensure that with use by average people at average weights, they will not break until a few days after their guarantee has expired. Thus you can be sure that this will not be the case with an overweight tenant who has no care for the furniture anyway because it doesn't belong to him! Renting unfurnished is always the best bet.

                          P.P.
                          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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                          • #14
                            If you join one of the many Freecycle sites on the net, you can get a sofa for free. You can also recycle goods this way. The aim of Freecycle is to reduce landfill, which is a massive problem in the UK and is threatening the Green Belt. Go green!

                            Incidentally, on a personal note, I do not like fat people sitting on my good chairs at home; I ask them to use the stronger chair!

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                            • #15
                              It wasn't the world's fattest man at 85 stone who sat on it was it?

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