Disproportionate damages claimed?

tbs624

arumiat wrote: »

Thanks. I've done a bit more reading and such apportionment aas you describe would only be appropriate where damage was so severe as to affect the achievable rent level/ lettability or quality of the property. I really don't think that this chip in any way shape or form would constitute that.

In a similar way to a car windscreen that has been chipped becoming more suscebtible to further damage, this is the case with a ceramic hob which will obviously be subject to heat and the movement of saucepans across it.

You admit that you have caused the damage: as the others have said, you will be looking at a bill which reflects the relevant age and life expectancy of the cooker.

Is your tenancy deposit scheme registered? (property in Eng/Wales - deposit paid after 6 Apr 2007)

arumiat

Yes it went into a deposit protection scheme

arumiat

The landlord thinks that she is entitled to the full amount of a cooker replacement and installation for £500. I don't think that she has heard of betterment or apportionment before. What is the best way to explain this to the LL? And at what point does it go to the dispute resolution people? Are we supposed to attempt to work it out amicably then inform the deposit protection scheme? And then if we can't work it out between ourselves ask them to arbitrate?

Also are we entitled to ask for proof of cost or anything similar once the work has been carried out?

BitterAndTwisted

You know what brand this cooker/hob is because you can see it in front of you therefore it cannot be terribly difficult to research what a replacement would cost fr what is commonly known as "white goods". Compare those prices to what the landlord is asking for. Then, do your maths and offer them a fair amount which you will contribute towards it. If it's unusable at present you will have to make this payment now rather than at the end of your tenancy through the scheme's arbitration procedure. You have already gone to the trouble of locating the link to the deposit-protection guidelines so I can't see why you cannot direct your landlord's attention to it when negotiating.

arumiat

BitterAndTwisted wrote: »

You know what brand this cooker/hob is because you can see it in front of you therefore it cannot be terribly difficult to research what a replacement would cost fr what is commonly known as "white goods". Compare those prices to what the landlord is asking for. Then, do your maths and offer them a fair amount which you will contribute towards it. If it's unusable at present you will have to make this payment now rather than at the end of your tenancy through the scheme's arbitration procedure. You have already gone to the trouble of locating the link to the deposit-protection guidelines so I can't see why you cannot direct your landlord's attention to itwhen negotiating.

I moved out of the property nearly a month ago now. I've never heard of the commonly known 'white goods'. Rather than throwing legislation backed guidelines at her I was hoping to keep it informal and amicable and I'm looking to understand the process myself further, hence the interest in if the exact amounts have to be resolved by the dispute service or we can try ourselves first. Chill out. If you're too busy to answer my question don't bother, I'm sure someone else will stop by.

AnnaV

That was quite a rude reply, BitterAndTwisted is always on this forum and really helpful to just about everyone.

moromir

Do you have an inventory? Does the inventory mention the make or model of the hob?

If so then you can follow Bitterandtwisted's advice.

If not then its back to the drawing board but still not especially difficult, just pick 2-3 midrange products as comparables.

BitterAndTwisted

Oh, sorry I hadn't remembered that you'd already left the property. You are perfectly entitled, and really should, try to resolve this issue before going through the dispute-service's arbitrators. Use the arbitrators when you have exhausted all possibility of compromise. Once you're in the arbitration process I believe that your landlord will need to come up with the original receipt for the item they are seeking payment for the replacement of so that the cost and the age of it can be determined. Then the formula as discussed above will be used.

One thing to bear in mind is that the item would originally have been much more costly than it will be now as these (fragile) things have reduced in price somewhat.

In the end it should all be down to both parties attempting to be as fair and reasonable as possible. While your landlord has no working hob in the property it is not going to be easy to let at a decent rent, so they have most likely gone ahead regardless of your contribution and if they have sourced a more luxurious and expensive one rather than an equivalent of the one broken they cannot expect you to pay for all of that, as that would be "betterment".

arumiat

No problem.

To add, the hob is 100% functional, - the damage is that it's missing a corner piece of glass where it was chipped away and the LL wishes to replace the entire unit. I certainly don't think it would affect the lettability of the property although I completely accept that the LL is entitled to a degree of compensation, just not £500. I'm thinking of putting forward 8 years as a fair time for a cooker life, can't find any decent information online as to how long these things last, they certainly don't come with lifelong guarantees.. The hob is just described as a Whirlpool in the inventory moromir, my impression is that she intends on replacing like for like which seems the most straightforward thing and that the cost of this is £500.

Thanks for the info all

BitterAndTwisted

Are you absolutely certain that the glass cannot be replaced rather than the whole damned thing? Considering how fragile they are I'd be staggered if you can't. Shocked and stunned. Try and do as much research as possible before you settle on a price. I'd go so far as getting on the phone if I thought it would save me a fiver.