Tenant in property 11 years and 6 months - fair wear and tear and damages

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    #31
    Going by the principal of "Giving sensible responses helps people even if the original post is meant as a wind up";

    Originally posted by jpkeates View Post
    Garden spade missing.

    This is a perfect example.

    You are entitled to compensation for this loss.
    The loss is calculated as the loss in value beyond fair wear and tear.
    The spade probably cost about £20 if its a decent spade.
    You'd expect a spade to last about a decade (at least before the handle needs replacing) so after 11 years it has no value - normal wear and tear has depreciated the value to nothing,
    So you have no compensation to claim.
    FFS* jpk, how many more times? (or are you having a wind up within a wind up you old joker you?)

    The calculation for loss in value beyond fair wear and tear is for guidance only, a rule of thumb, something to be taken into consideration.

    If a tenant throws an old bog (est lifespan 17 years) through an old window (est lifespan 25 years) and nicks the old copper piping attached (est lifespan 37 years), even though beyond their average lifespan, the landlord is entitled to compensation for a helluva lot more than nowt.

    Which reminds me...... I must replace my Georgian oak door with a shiny new UPVC one, just in case I decide let it out, the tenant has a domestic and kicks it in and then tries billing me for minus 200 years of average lifespan.


    *note to moderator FFS = For Flips Sake

    Comment


      #32
      Originally posted by boletus View Post
      The calculation for loss in value beyond fair wear and tear is for guidance only, a rule of thumb, something to be taken into consideration.
      Yes, and after taking everything that the OP has said into consideration, the amount that it would be reasonable to keep from the tenants deposit in a case like this would still be nothing.

      The OP seems to be intentionally trying to make forum members seem to be unreasonable. They might have a reason for doing this, but it could just be ordinary trolling.

      Comment


        #33
        Originally posted by JoeFL View Post
        To add insult to injury the ex tennents are also paying the '13 year' card and are only offering a few hundred as a 'Good will gesture'!!! when it will cost me more to make good.

        ...

        I'm also going to complain to the letting agency as they also seem to be on the tennents side!!
        The tenant is playing the "13 year card" because they're right to do so, you can only claim compensation for a loss beyond fair wear and tear, and I can't see one.
        I can't see why they're offering anything, to be honest.

        The letting agent seem to be on the tenant's side because the tenant is right,

        Your best bet might be to ask the deposit protection company to review your claim as part of their dispute resolution process. Or take some legal advice.

        Your own financial situation and need to move in soon aren't relevant to your claim.

        Originally posted by boletus View Post
        The calculation for loss in value beyond fair wear and tear is for guidance only, a rule of thumb, something to be taken into consideration.
        It is, but the fundamental basis of compensation claims for a breach, is to put the injured party back to the position that they would have been in had the breach not occurred.
        And the approach I use is applicable to pretty much every claim here (and most arising on the forum recently).

        And things for guidance only should really be used to guide us.
        I only keep repeating the point (which I should really save somewhere!) is that so many people seem to have so little clue about these kind of claims.
        I do understand that it must be irritating to people who are regulars to see me make the same point over and over.
        If a tenant throws an old bog (est lifespan 17 years) through an old window (est lifespan 25 years) and nicks the old copper piping attached (est lifespan 37 years), even though beyond their average lifespan, the landlord is entitled to compensation for a helluva lot more than nowt.
        And there's a situation when it might not be appropriate.

        In that case to put the landlord back in the position they would have been they'd need a replacement window, toilet and piping.
        The financial compensation would need to reflect that, because not all items have a value related to age, some have an additional value arising from simply existing.
        Something's fundamentally different between a support wall and the wallpaper that covers it.

        But defenestrating bathroom appliances isn't the same as failing to iron some curtains.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #34
          So in the case of the missing spade, the OP would be entitled to at least some compensation.
          Otherwise I'm in full agreement.

          (Obviously I'm just using the spade to emphasise the point, and the OP is 'aving a laff).

          Comment


            #35
            Originally posted by boletus View Post
            So in the case of the missing spade, the OP would be entitled to at least some compensation.
            What if the spade broke and the tenant just chucked it away. I mean 11.5 years later and it's a good chance the spade might have broke. Not everything lasts forever.

            Is the tenant supposed to keep all things that break or go past their usable life? For example, if the landlord provided a mattress and the tenant replaces the mattress after x years due to it no longer being fit for purpose, are they supposed to store it somewhere to return to the landlord after their tenancy ends?

            Funnily enough, I've been renting the same place for about 11 years, I've had a few things break or pass their usable life in that time. Wondering now if I should have stored the items in the shed and hand them back to the landlord when I finally leave.

            Comment


              #36
              I have that sort of dilemma all the time. On the face of it there it there is no quibble:

              Broken = suggest proprtional compneastion charge

              Missing = Tenant to replace (with an equally old knackered version!!)

              But obviously that is NOT how it gets necessarily gets reported / assigned as that would be ridiculous!

              But I do have landlord clients who have that mind set...

              Comment


                #37
                Originally posted by boletus View Post
                So in the case of the missing spade, the OP would be entitled to at least some compensation.
                Otherwise I'm in full agreement.
                There's a difference between a toilet and a spade.
                If the toilet wears out (which seems unlikely), the landlord would be obliged to replace it.

                If the spade wears out, the landlord probably isn't liable to replace it, but is the tenant?
                If the tenant decides to live without one, or replace it with one of their own which they've taken with them.

                It's in the same grey area as washing machines and light bulbs.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #38
                  Originally posted by JoeFL View Post
                  It's not funny.

                  I've to move back in 1 week and because of personal circumstances I'm pretty short of money.

                  An unironed curtain is one more thing I need to do. It's in the agreement they will be dry cleaned not washed on exit.

                  Buying a spade is one more purchase I have to make.

                  Again, the 'compost heap' is about 4 x 4 foot and looks like its pretty fresh with green grass clippings.
                  What do I do with that!?

                  To add insult to injury the ex tennents are also paying the '13 year' card and are only offering a few hundred as a 'Good will gesture'!!! when it will cost me more to make good.

                  My asking for the full deposit (well over 1.5k) is only about an additional £10pm over the duration of the tenancy. That is not a lot to ask for.

                  I'm also going to complain to the letting agency as they also seem to be on the tennents side!!
                  BUT did you put that the curtains mist be ironed ? If not they have followed the agreement which is to clean then ?, no ?

                  Comment


                    #39
                    I really really hope you have protected the deposit properly. If you haven't and a judge sees these deductions expect three times deposit to be taken in compensation

                    Comment


                      #40
                      Garden spade missing. Wear and tear value over 10 years residual value £0

                      Rotary clothings line totally tangled beyond use. , how long were you expecting this to last ?

                      Top part of cupboard out in shed and one leg smashed. One leg of the cupboard smashed please clarify ?

                      One window frame splintered on bottom. Wear and tear

                      Shoddy DIY paint job on one wall without permission. What makes you say its shoddy

                      Probably 10 nail holes in various walls. Petty , you are a nig boy and can fix this

                      Massive compost heap at back of garden.
                      Rod missing on bottom of roller blinds. Its 10 years plus old and probably very manly due to wear and tear get rid of it

                      Curtains washed but un-ironed. How much should they pay in compensation

                      Comment


                        #41
                        Seriously??

                        Comment


                          #42
                          I think not.
                          JP - "There's a difference between a toilet and a spade" - so that is where I have been going wrong...
                          Unshackled by the chains of idle vanity, A modest manatee, that's me

                          Comment


                            #43
                            Ha
                            When I typed that I did think, not if you're camping.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #44
                              I'm surprised at some of these responses and my frustration grows.

                              OK, I can live with u ironed curtains, but when they had house professionally cleaned the bottom of the curtains got wet and now smell musty.

                              Got the letting agency to do another inventory checkout and my position gets worse. They now say everything is fair wear and tear! That includes a missing knob on a light switch, a peeling patch of paint in front room...... And they now say the carpets should have been replaced at least once in 13 years but that's not in the tennancy agreement!

                              I don't think I'm being unreasonable and the deposit would put everything back to the original state... Almost!

                              I've 4 days to move in now and a load to do.

                              Comment


                                #45
                                You can't have everything put back to the original state.
                                When you let the property you did so knowing that the tenant would be living there, so that fair wear and tear is implicit in the agreement.

                                So you are due the property in the condition that it would be after 13 years of use by the tenant.

                                A tenant with a landlord who didn't do the basic redecoration and maintenance.
                                How often do you replace your own carpets and repaint?

                                So far, I'm liking this agent.
                                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                                Comment

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