Tenants appear to have swapped out my quality mattress for an inferior product

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Thank you sunnyp.

    I think you miss the point. There is no evidence to support the soiling of the original mattress and I now understand from the inventory clerk that the tenants continue to use the original mattress

    Comment


      #17
      Originally posted by OopsieDaisy View Post
      Thank you sunnyp.

      I think you miss the point. There is no evidence to support the soiling of the original mattress and I now understand from the inventory clerk that the tenants continue to use the original mattress
      How does the inventory clerk know?
      Assume I know nothing.

      Comment


        #18
        I'd have thought the issue is pretty clear cut.

        The original mattress would have an expected lifetime of (say) eight years if it was a good quality one.
        So, you take the cost of the original matttress, and make a claim for the proportion of life lost.

        Lets say the mattress was three years old and cost £800 - to make things simple.
        The tenants by either taking the mattress away or ruining it, have caused the landlord to lose £500 of value (5/8ths of £500).

        They have, in addition, left a mattress of their own in the property that they are welcome to collect at any point (in the next couple of weeks) after which time it will be "disposed of".

        The tenant may need this detailing in the claim (which can be tricky as usually the amount of text you're allowed is quite limited).
        Whether they have taken or ruined the mattress doesn't really matter
        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


          #19
          Originally posted by Brixtonia View Post
          However, I do like your "supply your own mattress" suggestion. It makes a lot of sense. Are your lets generally furnished? Do you supply the beds? What do tenants do at the end of the tenancy?
          The tenancies that I have furnished I supply bed frames but no mattresses, When tenants move they take with or I charge a small fee for disposal. As tenants vacate I have taken a decision to turn all my new tenancies into unfurnished.
          Any advice I give is my opinion and experience, I am as you also learning.

          Comment


            #20
            You have a new mattress. It may be of inferior quality but the question is whether it is of equal value. How old was the original mattress, what was it's purchase cost, age and value of replacement mattress? If the depreciated value of the mattress exceeds that of the new mattress you have a claim on the deposit, otherwise no. You may even have made a profit as mattresses dont have a long life and you have a new one.

            Comment


              #21
              The tenant doesn't have the right to unilaterally compensate to the landlord in kind.
              The landlord may accept the new mattress as compensation, but isn't obliged to, furnishings are not legal tender.
              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


                #22
                Thank you all for your thoughts.

                I can't help thinking that my tenants should have let me know about the soiling problem when it occurred under the terms of the tenancy agreement and then given me the opportunity to decide what to do. I have been presented with a fait au complet and left with an inferior mattress. I know that the original is still in use as the inventory clerk conducting the check out on my property also conducted the check in for the tenants' new property. The tenant's new tenancy is unfurnished and so required the purchase of a bed frame and mattress - I have been presented with the receipt for the purchase of a bed frame and mattress. I guess they loved the mattress I supplied and have left behind the cheap mattress purchased on a deal because they needed a bed frame.

                I have decided to take the 'hit' - life is too short and pursuing this through any channel will doubtless take months.

                Not happy, but learning all the time.

                Thanks

                Comment


                  #23
                  Personally, I think they've stolen your mattress and I'd report the theft to the police (who will not care at all, but you can make sure you get a crime number "for the insurance").

                  I understand that life's too short, and don't really blame you for not doing anything, but tenants need to play by the rules just as landlords need to.
                  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


                    #24
                    Why not just knock on their door and ask for it back?

                    Comment


                      #25
                      Unless the money we are talking about is insignificant, I don't understand what's so difficult. It sounds like all the evidence is there and you have their deposit for exactly this purpose. Make a reasonable deduction and they probably won't even challenge it. If they do, the worst that can happen is that your claim is refused although from what you have told us I doubt it would be.

                      Word the claim as:
                      Replace missing (Posh Brand) mattress value calculated as £VALUE divided by 10 years x (remaining years of 10yr serviceable life with all the protections you supplied).
                      Remove abandoned Crapbrand mattress (unless tenant collects by DATE): £20



                      Just to work those figures for you, assuming Posh Mattress is £500 and 3 yrs old (seven years remaining)

                      £500/10yrs = £50 a year value
                      £50 x 7 remaining years = £350

                      + £20 for removing Crapbrand Mattress = £370


                      It sounds to me like you are maybe a little intimidated by the process and stressing about it too much. But the process is there to protect you as well as the tenant. Don't allow the issue to become personalised. Don't let the "injustice!" of your tenant's behaviour gnaw away at you. Just give it a go and let us know what happens.

                      Go on go on go on...
                      Assume I know nothing.

                      Comment


                        #26
                        I see this differently - the tenants have moved into an unfurnished place. Quite possibly they cant afford to buy two mattresses - so as they soiled yours they have bought you new one and taken the one they soiled. They are tenants who have been renting furnished - they may have no idea how much your mattress cost or they may be smart enough to have done a calculation and decided the replacement was of equivalent value, bearing in mind the age of the other mattress.

                        I suspect you have actually got something of equal or better value.

                        Technically this may be theft - but hopefully a deposit protection scheme would take the sensible view that if you have suffered no financial loss you get no reduction in the deposit. A landlord is only entitled to withhold money for a loss and you probably havent made a loss.

                        Comment


                          #27
                          The landlord doesn't own the new mattress, it's the property of the tenants and the landlord cannot do anything other than return it to the tenants or keep or sell it on their behalf.

                          Nor do I think the tenants can possibly consider the replacement as an equivalent.
                          If the new mattress is the equivalent of the old one, why did they take the old one to sleep on?
                          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


                            #28
                            Originally posted by buzzard1994 View Post
                            A landlord is only entitled to withhold money for a loss and you probably havent made a loss.
                            No one other than the OP can know whether they have made a loss without knowing the price of the missing mattress, it's age and the price / value / spec of the one it was replaced with. They don't seem keen to share this information but for all anyone knows it was two year old £800 mattress replaced with a thin "free with with a cheap bed frame" bag of springs.

                            We can't evaluate whether they have made a loss based on the information provided. We can only suggest how to calculate whether a loss has been made and, if so, the extent to which we think it is likely to be recoverable.
                            Assume I know nothing.

                            Comment


                              #29
                              Originally posted by Brixtonia View Post
                              They don't seem keen to share this information.
                              and that is why I suspect the "quality" mattress was several years old and had little useful life left. The tenants have clearly indicated that they replaced the mattress because they damaged the other one. They should have given the landlord the opportunity to replace it themselves but unless the landlord wants to be a lot more forthcoming with the deposit scheme they should move on.

                              Comment


                                #30
                                Originally posted by sunnyp View Post
                                The tenancies that I have furnished I supply bed frames but no mattresses, When tenants move they take with or I charge a small fee for disposal. As tenants vacate I have taken a decision to turn all my new tenancies into unfurnished.
                                I guess it's up to you, but doesn't this end up with a lot of mattresses being tossed? Do you give 'left' matresses to a charity or something?

                                Seems quite wasteful otherwise.

                                Comment

                                Latest Activity

                                Collapse

                                Working...
                                X