Laminate flooring is chipped- deposit held- deductions?
We have recently moved out of our rented property and bought our own home. When moving out we realised that our sofa had broken and had chipped the laminate flooring in the living (which is just short of 30 square metres). There are 3 chips in total no more than and inch or so in size each all roughly one meter in from the wallls. The Landlord has seen these chips and has had an estimate for replacing the floor prepared at a cost of £465 which he wants to take from our depoist. (All £465 not just a percentage). As far as I understand this comes under betterment as he is replacing the whole floor and not just making repairs. The chips are only to the surface of the laminate and do not penetrate to the underlay. Does he have a right to charge us this amount and is it a wise move in taking it to the arbotration board with the holders of the deposit? We live in England, UK.
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It seems unreasonable. At the very least, he should deduct a percentage of the replacement cost for 'fair wear and tear'.Originally posted by ratdemon2003 View Post
How old was the flooring when you moved in and how long have you been there?
Does the check-in inventory record the state of the floor in any way?'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations -
Originally posted by mind the gap View Post
Hi 'mind the gap', the floor was two years old when we moved inand we have lived there for 2 1/2 years therefore 4 and 1/2 years in total. The inventory does not comment on the state of the floor. I'm not sure if it constitutes as wear and tear however I am more than willing to pay for a percentage of the replacement, I believe areound £60 is fair? The landlord will not accept this.Comment
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Definitely dispute this with your deposit protection scheme, since without a detailed inventory your LL will struggle to prove either what the floor was like when you moved in, or that you caused the damage. You would probably get the full deposit back, and it would be worth keeping written evidence that you offered £60 as a goodwill gesture and that he refused it. 4.5 years old laminate is nearing the end of its useful life anyway, unless it was extremely good quality.Originally posted by ratdemon2003 View Post
Give him one final chance to accept the £60 (which seems more fair to me, in the circumstances - he could get a decnt rug for that to cover the chips up, or even get them filled), or tell him you intend to let the deposit scheme arbiter decide.'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great ExpectationsComment
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Cheers for your comments. We do have a inventory it just doesnt specifically comment on the condition of the floor. The deposit scheme arbiter has been notified by the landlord and I am begining to wonder if I should seperatly inform them. The laminate floor is only a cheap one as confessed by the landlord himself. Do you have a source of reference for the useful lif expectancy of a laminate floor?Comment
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Not to hand, although I have a good quality laminate floor in a rental property of mine and I would expect it to last about 5-6 years.Originally posted by ratdemon2003 View Post
The scheme arbiter will have a formula for working these things out - but to be honest, unless the inventory is specific about the quality and condition on the flooring at commencement, I think it won't come to apportioning cost. He'll just tell the LL to give you the deposit back!
Good luck - let us know how you get on. You may find this site, with info about deposit dispute useful:
http://www.adrnow.org.uk/go/SubPage_88.html
There'a also one somewhere with reports of actual cases/decisions - I shall hunt for it.'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great ExpectationsComment
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Thanks again, though another twist has added to the tale. Our tenancy ends tommorrow and though we moved out a week ago I have just been round to pick up some mail and drop the key off. To my suprise the floor has been fully replaced and there is no sign of the damage. Am I right in thinking that if it has been done in our tenancy and without informing us, that we won't have to pay for it? Fingers crossed I supose.Comment
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I wouldn't be paying anything at this stage. Put your representations to the dispute service asap with full details of what has happened.The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.Comment
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What it means is that he has let himself into your home without your consent which is not OK...and he will struggle even more to get his hands on your deposit, as technically he should have given you the chance to replace/repair the floor yourselves before you moved out. Silly man.Originally posted by ratdemon2003 View Post
I should be very surprised if you end up paying for this grasping man's laminate!'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great ExpectationsComment
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Thanks again. That sounds like good news then but how do I prove that he entered the property and fitted the floor before our agreement ended? I tried ringing the deposit scheme number but their offfices are now closed. Do you think the date stamps on these posts would suffice as evidence? I tried taking a picture but my phone doesn't directly date stamp images.Comment
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Take a photograph of the new flooring with today's Election Day newspaper on it, (or tomorrow's) with headline and date if poss, clearly visible.Originally posted by ratdemon2003 View Post
Here's that link to other arbitration cases and their outcomes (thanks to westminster!) Click on 'here' in #1:
http://www.landlordzone.co.uk/forums...d.php?p=193103'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great ExpectationsComment
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Not too helpful for present situation, but those plastic milk bottle tops under pressure points help protect a laminate floor. But my bird doesn't like them under her stilletoes...Comment
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if you want to put LL on back foot a little bit and at least feel like you have got some control, write to LL and ask for full details of the floor that was fitted, date of fitting, supplier, cost, details of the product, copy of invoice re fitting etc. if he subsequently claims that the life expectancy of the floor was X years despite having told you it was cheap stuff, you would need to be in a position to disprove this.
pmBefore acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.Comment
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Cheers for the comments people, spoke to landlord and he's agreed to return the deposit minus a percentage he believes to be fair as a contribution to the fitting of the new floor. If we don't agree with the reduction, the difference between the total deposit amount and what we recieve back will go to the arbortration people for them to decide. I'll keep you informed as to how much it is and whether or not we accept it, and what the deposit guys tell me tommorrow. Cheers again.Comment
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Hint - use old fashioned film. Flaws in floors can be made or lost in a jiffy with photoshopOriginally posted by mind the gap View Post
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