End of tenancy deduction calculations

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    End of tenancy deduction calculations

    Originally posted by jpkeates View Post

    The formula that they should use, and a court (and the protecting company ADR process) will use is:
    (Cost of the original item and any installation/fitting [not the cost of a replacement] / expected lifetime) * (expected lifetime - actual lifetime).
    That is, compensation for the lost value (life of use) of the item.
    I am in the process of listing deductions and my ex-tenants will 100% go for adjudication. I hardly ever make deductions, but if you have seen my other post, you may understand why this time I am going to be strict. But I don't want to be vindictive.

    Hence, I just want to clarify the above formula so that I can deduct appropriate amounts. Does the formula mean that if a carpet (almost 7 years old) was in good condition and "unmarked" at the start of a tenancy 12 months ago (as indicated on the inventory) but is now covered in stains, I cannot make a deduction for cleaning or replacement because the ADR will consider the "life of use" to have been over?

    Similarly with quality mattresses that are 7 years old but in good condition (memory foam/pocket sprung). If no stains were mentioned on inventory, but now a wopping big stain, can I charge for replacment? or cleaning at least?
    assume everything I write is preceded by IMHO...

    #2
    Originally posted by shoobydoo View Post
    Does the formula mean that if a carpet (almost 7 years old) was in good condition and "unmarked" at the start of a tenancy 12 months ago (as indicated on the inventory) but is now covered in stains, I cannot make a deduction for cleaning or replacement because the ADR will consider the "life of use" to have been over?
    Your best bet would be to claim for the cleaning.
    You're claiming for compensation on a contract, based on an unexpected loss arising from a breach of the implicit term that there would be fair wear and tear but no more.

    You have to mitigate your costs to the minimum, but the result should be that you are where you would have been had there not been a breach.

    Let's say the carpet (plus fitting etc) was £800 and you assert that it would be expected to last 8 years - decent carpet in a normally trafficked part of the property. If it was seven years old at the start of the 12 month tenancy, it's now worth nothing.
    So, theoretically, the cost of cleaning is above the mitigation rule.

    Any cleaning claim might stand on its own merits though. Just don't be specific about the age of the carpet - bought a few years ago.

    Similarly with quality mattresses that are 7 years old but in good condition (memory foam/pocket sprung). If no stains were mentioned on inventory, but now a wopping big stain, can I charge for replacment? or cleaning at least?
    Your claim for a replacement is based on the lost life of the original, so you'd have to apportion the loss over the complete life of a mattress.

    I don't rent furnished, but I'd have thought that a seven year old mattress used by tenants needed replacement as a matter of routine.
    But it's not something I have any experience of and it would depend on mattress covers and what type it is and where it was used.
    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


      #3
      Thank you. I will go for cleaning costs and will live in hope that the adjudicators may allow me something.
      assume everything I write is preceded by IMHO...

      Comment


        #4
        If you do it sensibly, your tenant may well agree.

        It's been years since I had anyone seriously challenge a claim I've made.
        And I was probably a bit optimistic back then!
        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


          #5
          One other thing please, the lead tenant has emailed me asking for return of entire deposit to herself and she will distribute to the other 3. She used to make the rental payments out of her account. The other 3 have been copied in. Is that a sufficiently valid request for me to comply or should I ask each person to agree to this independently via email?
          assume everything I write is preceded by IMHO...

          Comment


            #6
            The deposit company can only deal with one person, who was nominated when the deposit was protected.

            So it's what's going to happen regardless of the admin.
            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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