Cosmetic damages to appliances

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    Cosmetic damages to appliances

    Hi all,

    I've tried to find an answer to this here and on the Web but couldn't have anything too useful.

    If for example a fridge door was damaged cosmetically, this does not hinder its performance to keep food cold, but it does make letting out the place much more difficult. In such instances, what is a fair way to claim for damage? Let's also assume the cosmetic damage cannot be repaired itself, or would cost nearly as much as a brand new unit.

    Thank you.

    #2
    This in my view is the same as someone scribbling on walls, if someone puts fridge magnets on the fridge and it scratches the fridge there should be a momentary cost for this which is beyond wear and tear. What that value is what you agree with the T or it goes to arbitration to judge on.

    Comment


      #3
      The general (but not universal) principle is that damages cannot exceed loss. You have half anticipated the answer to your question when you say the damage is unlikely to make reletting more difficult. A court is likely to find that there is no loss because the letting value of the property has not been reduced and accordingly no damages should be awarded.

      In respect of leases there is a specific rule set out in section 18(1) of the Landlord and Tenant Act 1927:

      Damages for a breach of a covenant or agreement to keep or put premises in repair during the currency of a lease, or to leave or put premises in repair at the termination of a lease, whether such covenant or agreement is expressed or implied, and whether general or specific, shall in no case exceed the amount (if any) by which the value of the reversion (whether immediate or not) in the premises is diminished owing to the breach of such covenant or agreement as aforesaid

      Some express doubt as to whether the section applies to contents, but if it does not, the general principle still applies.

      Despite the principle, it seems that adjudicators in deposit disputes will award a nominal sum for cosmetic damage.

      Comment


        #4
        You can't claim the cost of brand new replacement only the remaining value calculated from new cost against age / expected life span.
        As you say it will affect the letting potential then the adjudicators ought to allow it but preferable to reach an agreement with tenant

        Comment


          #5
          Thanks for the replies everyone. Has anyone had experience of claiming for such things in the past? If so, how did things go?

          Comment


            #6
            Originally posted by freddycd15 View Post
            Thanks for the replies everyone. Has anyone had experience of claiming for such things in the past? If so, how did things go?
            From memory, landlords have said they have been awarded sums like 20 pounds for visible scratches.

            Comment

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