"Wear and tear" in a rental property

Zara33

missk_ensington wrote: »

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??

Why would your mother put something so precious to her in a property she is letting?

Alfie_E

missk_ensington wrote: »

It's no wonder people want out, the law is always geared up for the tenant.

It’s about addressing problems. A significant number of landlords used to faced the very slow process of evicting tenants that weren’t paying their rent. Government has tried to address that. A significant number of tenants find their landlord withholds their deposit unfairly. Now, the government is also trying to address that.

Also, it’s not government run, and there’s an alternative insurance based scheme rather than handing the whole deposit over.

barnaby-bear

missk_ensington wrote: »

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??

Seems nobody dictated to your mother she couldn't have kids a few decades ago, and you seem to be the charming result. It isn't illegal to have kids and it a tenancy clause forbidding them isn't enforcable.

Edit: Just checked the OP other posts, single teenage mom claiming tax credits and student so not working.... I guess not an ideal tenant for her mum.

lynzpower

miss K

was a written & photographic inventory done?

I expect that if the sofa is as dirty as you say it is, getting a professional cleaning firm in should do the job.get 3x written quotes not estimates & take the cheapest, take before & after photos then it will stand in court.

my understanding is that if someone breaks the tenancy it means ( on regular inspections, were they done? ) that your mum has grounds to evict. Its much more difficult to put a value on the work that needs to be done in reaction to those contraventions. Eg in my tenancy it says I cant sublet. If I let my spare room to a freind for a month, and there is no damage, what WOULD my lL be able to charge me for? Quite rightly not a great deal. However, they would be able to take steps to evict me for contravention of the contract.

In terms of smoking, I doubt theres much that can be done. As others have said with a good clean & airing the place will be fine. this sounds more like your mothers own dislike of smoking ( fair dos) but renting out houses is a business and not like having a lodger. I remember your mother has a long career of property development & BTL, is she not part of any landlords guild or association?

brazilianwax

Isn't your mother a lawyer??

t_hamill

Without meaning to be patronising it sounds like a harsh reality check with regards to renting. There certainly is fault on the part of the tenents but often I've found that professsionals aren't always the best tenents. Quite often DHSS or in my case Polish immigrants are much more house proud as they see it as a long term prospect rather than a stepping stone to buying in the future.

However, If the covers are removable has she tried washing with vanish etc? I think she has grounds for a deduction for cleaning although I couldn't really be certain about total replacement. As a rule of thumb I find inexpensive used leather sofas (in excelelnt condition) wear much better than fabric types as stains are easily removed. Also, regardless of neutral decor dark colours will fit in the colour scheme if chosen carefully.

She should try washing the curtains etc and often (silly as it sounds) some charcoal in a bowl in the centre of rooms works wonders in removing nasty odours.

I wish you all the best in geting this sorted but I think this is likely to be a problem she will encounter in the future (especially with off white sofas) and it may be possible to get another set of covers ordered from the original supplier.

Good luck and don't let it depress her too much, its a pain but not the end of the world in th big scheme of things if erything else remains in ok condition.

mystic_trev

missk_ensington wrote: »

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

I'm sorry I have to disagree. In fact the reason so many people are now hopping on to the BTL Bandwagon is due to the introduction Short term tenancy agreements giving the Landlord more rights. With regard to the new Deposit schemes, these have had to be introduced due to a significant amount of Landlords not returning deposits and treating them as part of the rent.

Nick.._5

barnaby-bear wrote: »

Seems nobody dictated to your mother she couldn't have kids a few decades ago, and you seem to be the charming result. It isn't illegal to have kids and it a tenancy clause forbidding them isn't enforcable.

Edit: Just checked the OP other posts, single teenage mom claiming tax credits and student so not working.... I guess not an ideal tenant for her mum.

Its like social engineering isn't it, how dare someone dirty up the flat with kids or a cat, don't they know only home owners are allowed such luxuries

This country makes me sick, no-one is forced into becoming a *landlord

*and I use the term very loosely

Melissa177

missk_ensington wrote: »

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

I disagree - the situation is very much geared towards the landlord, as the landlord holds the money! So many tennants lose their deposit due to unscrupulous landlords who expect to have their property back in *EXACTLY* the same condition (or even better) than it was before. It doesn't work like that.

Being a landlord is a business. Businesses have costs, as well as a revenue stream. Part of being a landlord is accepting that you have to

- regularly recarpet your house
- buy new furniture
- accept wear and tear on your property.


I'm not disagreeing that the tennant has violated the rules of the agreement - I would be tempted to have the place fumigated and deduct it! - but I can't comment on the sofa as I haven't seen it.

Can't say I care for your attitude much, but you asked for advice!

Zara33

brazilianwax wrote: »

Isn't your mother a lawyer??

Apparently so :rolleyes: :rolleyes:

I have spent the last 3 years working as a legal secretary in Housing and Contract Law prior to my current job and dealt with such matters on a daily basis, and my Mum is a lawyer specialising in Housing and Contract Law, as well as having a Property company herself with over a dozen properties on her portfolio that she personally owns, thus regularly lending itself to such matters as tenants often do not pay rent and have on occssion when she was out of the country for a month, had to make their own emergency repairs and dock from the rent.