Renumeration for work done

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    #16
    Beginning to realise that now...

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      #17
      And she wants a reference??
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #18
        Logically, as I see it...

        a - Arguably you could restrict payment to that part of the work which is of value to you, or - as argued - insist on reinstatement (or cost of it).

        b - Then you could go on demonstrated receipted cost, or even cost for which you could have had it done, and depreciate in line with normal rates. eg If T installed kitchen more than 5 years ago, it's worth nothing. See recovery of deposit for damages if it was *your* kitchen.

        In practice it's worth the extra work to make sure it's a win-win when the work is done, and that needs to be justified.

        I tend to say no for major stuff if it is a short term tenancy (or you estimate to be a short term tenancy). A useful working definition of "long term" for each piece of work is "how long do I have to wait to not pay any money back on normal depreciation rules ;-)."

        OTOH if you allow it, they are more likely to stay and make it long term. I like long-term tenancies, so I'm willing to do that. Each time I tend to put it in writing and get a co-signed copy of the letter.

        In your situation for each element I'd:

        1 - take a careful check to make sure that the costs are about right
        2 - depreciate that number based on when it was done
        3 - take into account if it was done to reasonable standards, and the condition,

        and have a horse-trade around that figure. Arguing that 1-3 are objective criteria helps stay friends.

        ML
        Refer Mad Regulators to Arkell vs Pressdram.

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          #19
          Thanks for all your help guys.

          Can I just ask what is the average % per year to be taken off for depreciation?

          Thanks

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            #20
            Um. I can't find a well-known list.

            And they vary by item :-).

            Perhaps other members have an opinion.

            ML
            Refer Mad Regulators to Arkell vs Pressdram.

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              #21
              Where a tenant of residential property carries out improvements, whether with or without the landlord's consent, there is no obligation on the landlord to pay compensation unless the landlord agreed to do so.

              As soon as something is fixed to a property it becomes part of the property. The range of fixtures a residential tenant is entitled to remove is quite limited. It certainly does not extend to laminate flooring. If new kitchen fittings has been installed whether the tenant can remove them depends on whether doing so will damage the property. In practice if she did remove the fittings she cannot of course leave the property without any.

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                #22
                In an house that is occupied by its owner, fixtures & fittings can last many tens of years. But in tenanted properties, five years might be all you get from items like light switches, kitchen cabinets, laminated flooring, etc. So I would suggest 20% depreciation per annum, or maybe 15% if you feeling generous.

                One indicator you could use is how much wear and tear is evident from the tenant's own use. If there is little evidence of wear, you can probably afford to pay the tenant a bit more.

                Let us know what you agree with your tenant as this information helps others in the same situation.

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                  #23
                  Originally posted by tlangdon12 View Post
                  In an house that is occupied by its owner, fixtures & fittings can last many tens of years. But in tenanted properties, five years might be all you get from items like light switches, kitchen cabinets, laminated flooring, etc. So I would suggest 20% depreciation per annum, or maybe 15% if you feeling generous.

                  One indicator you could use is how much wear and tear is evident from the tenant's own use. If there is little evidence of wear, you can probably afford to pay the tenant a bit more.

                  Let us know what you agree with your tenant as this information helps others in the same situation.
                  With respect none of this is relevant if the landlord is under no obligation to compensate the tenant. Please see my previous post.

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                    #24
                    Originally posted by Lawcruncher View Post
                    With respect none of this is relevant if the landlord is under no obligation to compensate the tenant. Please see my previous post.
                    LL might be a generous LL who deems them to be relevant :-).

                    ML
                    Refer Mad Regulators to Arkell vs Pressdram.

                    Comment


                      #25
                      Moderator: please merge with OP's previous thread on the same topic:
                      http://www.landlordzone.co.uk/forums...Tenant-Demands

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