"Wear and tear" in a rental property

missk_ensington

Can anyone advise on behalf of my Mum who rents properties?

A tenant has recently vacated a property, which was a luxury-professionals kind of property and there are a couple of problems.

The settee that was provided is of a fabric material, and a pale peachy kind of colour (admittedly, not a great colour however the property is meant to be for professional adults rather than pigs and any other colour wouldn;t have matched the white/creme decor throughout the apartment). Anyway, they ahve been in the property for approx 15 months and the settee is black. She says she has paid for professional cleaning, which I believe because the fabric smells clean, but the arms and cushions are filthy and apparently stained.

She is claiming that this is general wear and tear. My Mum has the deposit still, but she can't decide what is the fair thing to do. The couch cannot be re-used for the next occupants, and was worth £700+ when new. What is one to do?

Also, the property was strictly no smoking and when we went in we've discovered she's been smoking in there. When confronted she said she'd only smoked in the kitchen, which a) is rubbish because the curtains and bedrooms stinks like a pub and b) in any event, she wasn't allowed to smoke in the kitchen either!

My Mum can't get rid of the smell of nicotine, but where does she stand on this matter? Can she dock from the bond monies to re-paint the walls to get rid of the smell?

Thanks

cattie

Furniture is something you have to be prepared to replace when tenants vacate properties. It's the same with decorating. If it's supposed to be an executive style flat then tenants will expect it to have been freshly decorated & the furniture to be of a good standard to merit this tag.

The sensible thing to do is have a suite with removable washable covers & buy an extra set or two. This is what many good hotels do as it makes financial sense for the long term.

Just because they are professionals doesn't mean they aren't going to make a mess. It only sounds like dirt, not damage to the sofa so I don't see how it would be fair not to refund the deposit.

The smoke shouldn't be too much of an issue as if the curtains are washed or cleaned & the windows left open then any smell of smoke will fade.

mystic_trev

missk_ensington wrote: »

My Mum can't get rid of the smell of nicotine, but where does she stand on this matter? Can she dock from the bond monies to re-paint the walls to get rid of the smell?

Thanks

Yes - the Tenant has broken the terms of the tenancy agreement and has admitted to it.

Jonesya

Well I've only been a tenant so from my perspective:

If the sofa really is black then that's obviously not fair wear and tear, the odd mark then ok, perhaps even some slight discolouration here and there but if there's significant staining then that's excessive and should charge from the deposit whatever is reasonably necessary to put it right.

Re. smoking - is it really necessary to re-paint the walls? Would washing curtains, possibly having carpets/upholstery cleaned suffice?

abaxas

mystic_trev wrote: »

Yes - the Tenant has broken the terms of the tenancy agreement and has admitted to it.

Lets hope you have that in writing and a very secure inventory.

If not any savvy tenant is going to make your life hell and it'll cost you more as you'll have to fork out for the small claims charges too.

However saying that, it does appear you have grounds for a deductions, I guess it would depends if they could be bothered to claim.

Ms_Chocaholic

I agree that the terms of the tenancy agreement have been broken.

It would be helpful if you could you post a picture of the sofa here to give us some idea of the staining as one's persons views of wear and tear/staining may be different to anothers.

Curley

Did she show results for the dry cleaning of the settee? It may be worth getting it done 'again' just in case she was telling you porkies. Just because the fabric smells clean does not mean it's been professionally cleaned. My settee smells clean all the time

Also, like one of the above posters has said, she's admitted to smoking in the property so your mum should go ahead and get rid of the nicotine smell.

I can't see this coming under 'wear & tear', not when she'd only been in for 15 months.

One other thing, make sure she (your mother) puts her intentions in writing.

Jonesya

cattie wrote: »

The sensible thing to do is have a suite with removable washable covers & buy an extra set or two. This is what many good hotels do as it makes financial sense for the long term.

That's a good idea, or failing that I've rented properties where the sofas/chairs had throws. Although in some cases it was as much to let the landlord get away with old sofas than to protect from damage!

missk_ensington

Well the smell might fade, however she wants tio re-advertise asap and at present it stinks like a grotty pub. I used to live in the same flat before I bought a house and even I had to smoke in the garden and I'm her daughter! My Mum is VERRRYY anti-smoking, it makes her physically sick and always advertises strictly no smoking, so what you to do if they just ignore this?

Cattie, the covers remove but they are so stained that they won't come clean, God only knows what it is on it but its black, like soot/grease/coal. Surely this isn;t wear and tear? It is purely down to sloppiness, there are even coffee rings on the arm of the couch despite a coffee table being provided and a laminate floor but they're too lazy to reach over and use it.

Its like the law is all on the side of the tenant

Curley

abaxas wrote: »

Lets hope you have that in writing and a very secure inventory.

If not any savvy tenant is going to make your life hell and it'll cost you more as you'll have to fork out for the small claims charges too.

Surely it'll be up to the tenant to take the landlord to court, for return of the deductions of the deposit? Therefore, it would be her (the tenant) paying the costs?

missk_ensington

My mum said that soon Landlords will have to send all deposits to a central government run place and Landlords will have to fight for their deductions?! It's no wonder people want out, the law is always geared up for the tenant. The Landlord has bills to pay as well

Also, there was a crystal vase in the property, which has gone missing. Tenant insists its under the sink, but no one can find it. I don't think she's nicked it but I think its smashed and she's trying to get away with it. Thing is it was a 21st Birthday present of my Mums (she now very much into 40's!) Thgis can be deductedm but to what value??

Also what happens if you have a property and you dont want kids/DSS/Smokers/dogs..... and they go on DSS during their tenancy or get pregnant??