"Wear and tear" in a rental property

brazilianwax

missk_ensington wrote: »

Brazilianwax - Thank you, yes that is useful cheers


PS. The tentants have signed and agreed that they are renting a strictly non smoking flat.

Is there a website that has info on this kind of thing, with exqamples of what wear and tear would be?

Doubt it.

If it was me I'd act fairly, as I would want to have a reputation of being a good landlady that palys fair, and have my properties consitently rented rather than being known as the person that keeps your money and takes you to court. An empty flat won't make her a penny.

missk_ensington

black-saturn - Thanks I can see where you're going but they knew everything was expensive, they could see that when they viewed it and they must have known there was a reason why the rent was £200 a month more than something else of its type.

Because my mum has a law degree, she devises her own contracts and these say about garden, windows, and that it should be in the state they found it in minus reasonable wear and tear. It also says in the contract no smoking, no pets...and they have signed in agreement to all this, but then smoked in the property.

If we can find a suitable 2nd hand sofa to replace it within the next week all will be fine, but that is very unlikely and its delaying re-advertisement since she cant possibly take some doctor or lawyer (the type of people who normally rent from her) round to view the property with its stinking of nicotine and with a filthy couch.

I feel partly responsible because they tenants were friends of mine, or rather acquaintances, and I felt sorry for them because their flat was disgusting with no central heating, no carpets, no double glazing.... and because she was pregnant no one would give her anything better. I was moving out and so I asked my mum to give her a chance (Id been in the same situation - pregnant and nobody will give you a chance in a rented flat so I empathised with her) and anyway my Mum relented even though she doesn't accept kids. They were professionals however, and they vowed not to let me down but have done. Needless to say we dont speak anymore.

missk_ensington

brazilianwax wrote: »

Doubt it.

If it was me I'd act fairly, as I would want to have a reputation of being a good landlady that palys fair, and have my properties consitently rented rather than being known as the person that keeps your money and takes you to court. An empty flat won't make her a penny.

Thanks, that's why I am asking here because she wants to know what is fair. She knows that she can dock the whole bond and if they take her to court, and probably win it because she has the legal knowledge to argue her case, however she doesn't want to be mean or unfair.

It's like the last tenant in another property cost her £200 in plumbing costs because the toilet blocked and backed up causing a proble, when the plumber came it turned out that the reason for the bloackage was that the tenants brat of a kid (and thats not me being horrible, he was one naughty little swine) had put tinky winky down the toilet. My Mum stood the costs, but surely that was the tenants own doing therefore own fault??

brazilianwax

What part of the country are you in?

Down here in London furnished rents are the same as unfurnished. I've never hear of the rent being higher cos of a posh sofa.

I rent my flat unfurnished. I am clumsy (and yet a professional :rolleyes: ), and at least this way I'm not so bothered if I break something (and I get to sleep on a matress that doesn't cripple me!).

black-saturn

I'm not having a go at you or your mum but I think you'll find asking a tenant not to smoke is not a legally binding contract even if they have signed an agreement. If you look it up it only amounts to a polite request but apprantly stopping a tenant from smoking in their home is stopping them from having quiet enjoyment of the premises which is also on the contract which they signed. Stopping the refund of a deposit for this reason would not stand up in court. Also complaining about the marks on a carpet because they tenant handn't taken their shoes off in the house wouldnt stand up in court either. Again telling a tenant what footwear to wear in their home is breaching their right to quiet and peaceful enjoyment of the property.

Gorgeous_George

Dirt is not fair wear and tear.

I don't know how much the rent was over 15 months but even if it was £10K, the allowance for wear and tear would be equivalent to the tax on £1,000 i.e., £220 for a standard rate taxpayer. Get a decorator in and that's maybe one small room redecorated.

If I damage my sofa, I am out of pocket. Why shouldn't tenants be responsible for the damage that they cause? Tenants do not have to take a furnished property if they cannot look after the landlord's property.



GG

missk_ensington

Brazillian- In North West. The rate for a 2 bed apartment range from £360-900 a month. My Mum charges £600 for this particularly one, but for its size an unfrunished/part furnished would go for £380-400 as its not that big, its the facilities that makes it marketable at that price.

I agree with GG (for once!) that dirt isn't wear and tear, but there really should be some kind of government led guideline for what is acceptable wear and tear, with examples, since this is such a trickly area!

BlackSaturn- Thanks, but I'm not sure thats right. If someone signs to something specific I think they are waivering their automatic rights?? Like if you have an accident thats not your fault you can claim PI, but if you sign a waiver then a bungee rope snaps and you die, even though it isn't your fault you;ve waived your rights?

Tenants aren't allowed to put up posters (as per contract) because in the past it has caused damage to wallpaper when they're removed so now its in contracts no posters, is that taking away their right to choose what they look at? Sometimes rules have to be in place to protect ftrom the consequences/other people, like playing loud music an 3am, is that not against their right to enjoyment?

brazilianwax

Noise is different - depending on the kind of flat the terms will be set in the lease (ie no loud noise from 11pm to 8am) and then transferred to the contract. Likewise, the lease forbids bicycles and washing from being put on the balconies, so I can't do that just because I might enjoy it more.

Accidents do happen. You can't expect a cream carpet to stay cream for 100 years. Even without shoes things will get on it and it will fade or discolour.

I think your mum may have been a bit foolish to put in light coloured furnishings (especially as you knew there would soon be a baby there). They'll never stay perfect.

It isn't fair to expect everyone to live the way that you might (my sister couldn't be more different from me, but that's fine) and you can't cover every eventuality.

That's what landlord insurance is for (I thought )

missk_ensington

Brazilian - Sure accidents happen I know that, but I lived there from before my son being born until her was about 12 months old and I managed to keep it clean, I spilt things but I cleaned them . Obviously she wouldn;t have actively bought a peach couch knowing there'd be a baby but it was already there when she moved in. The flooring is laminate, so there's only really the couch that is a bit delicate, and a creme rug but that's not valuable since it was only made from the off-cuts of some carpet.

To give another example, would it be wear and tear if a tenant p1ssed the bed every night and didn't clean it up just left it for the Landlord on vavation of the property?

brazilianwax

missk_ensington wrote: »

To give another example, would it be wear and tear if a tenant p1ssed the bed every night and didn't clean it up just left it for the Landlord on vavation of the property?

I wouldn't have thought so. And that's why I rent unfurnished!!! :rotfl:

Doesn't the contents insurance cover the damage?