Unreasonable Student Landlord... And a broken bed

ceg1g09

Hey guys, I was wondering if you could help me with my somewhat tenuous grasp of my rights when it comes to being a tenant in a student household.

While I was kneeling on my bed - not jumping up and down, or using it in any way out of the ordinary that should damage it - the corner gave way and collapsed beneath me, with the whole bed caving in on one side. Naturally, I realised that I couldn't sleep on this broken bed, and informed my landlord. He came over a few days later.

Unfortunately, he came in holding the inventory which I had signed only a few months ago to say the bed was unbroken (I didn't think to look under the mattress, my mistake), and claimed that I was probably lying and was therefore liable to replace the bed at a cost of only £200 - this was apparently him being generous.

Quite apart from the fact this this bed is ancient and extremely cheap, definitely not worth the figure he quoted, I have further investigated the hole and found that somebody has clearly fixed the bed before, with a giant plank of wood nailed into that corner that none of the other corners have. This bed was not "unbroken" before I arrived, despite the fact I signed to say it was.

I was wondering if any of you had any idea as to who has to replace this bed. If I absolutely have to, I will, but I just don't think it's the tenant's duty to replace a piece of furniture that gives way when it's being used as it is supposed to be used. Furthermore, I have my suspicions that he knew this bed was broken and has fixed it in the past, knowing that I offer him the extremely handy option of getting it replaced for free!

Thanks for your help in this issue guys,
Christi

sew_what

Can't you just fix it again?

ceg1g09

No, because the cardboard layer on top has ripped off. Not even a joke, the top layer was cardboard and it's completely destroyed. Quite apart from that, my landlord knows it's broken and will probably try to replace it from my deposit anyway, claiming that otherwise it will break again soon.

grifferz

He can't insist on replacing it util your tenancy is over, at which point you need to return it to the state you found it or else pay out of your deposit for that being done.

It does seem likely that when the tenancy ends he is going to claim that the bed was in perfect order when you accepted it, so forcing a deduction for a whole new bed, but if you do a good enough repair job that the next tenant doesn't notice, you may get away with it. This seems to be what happened to you.

ceg1g09

So despite the fact it was already broken when I moved in, just not evidently so, I'm going to have to either pay to repair or replace the bed? This seems a little bit unfair, bit I guess if I have to, I have to. I would just like to get one up on our landlord who has messed us around since we first moved in I suppose.

bubblegum1985

I think the landlord has to fix it? Similar to if the washing machine broke if its on the inventory and its wear and tear surely its up to him?

grifferz

bubblegum1985 wrote: »

I think the landlord has to fix it? Similar to if the washing machine broke if its on the inventory and its wear and tear surely its up to him?

The landlord has already indicated that he doesn't consider it wear and tear though.

Also a LL doesn't have to repair or replace washing machines etc. unless the agreement says they do.. and many don't.

I appreciate it's unfair; I will be in a little bit of a similar position myself having had our sofa snap one corner only to find it's been shoddily fixed in the past. Barring landlord generosity I'm fully expecting to have to pay for a new sofa at the end of our tenancy because it's beyond repair now.

G_M

If the bed was faulty or already broken, the landlord should pay.

If not, and/or you were responsible in some way for breaking it, you should pay.

The problem is.... proof.

If this came to a court, what/who would the judge believe?

LL would how the inventory. You would say "blah blah as above."

?????

So you can:

* pay up and move on
* refuse to pay and have your deposit deducted at the end and then dispute the deduction and go to arbitration/court (not sure what you sleep on meanwhile...)
* or negotiate. Off to pay 50/50 and see what he says?

sew_what

Divan bases are next to nothing on ebay, or try asking on Freegle or Freecycle, they come up quite often!

ceg1g09

Thank you for your help everybody, it's very much appreciated. Essentially, I think you're right - it's very hard to assign blame and I don't particularly want the hassle of going to court about a broken bed. So, thanks for your ideas and I will certainly be looking for a cheap bed. I don't see how he can expect me to replace a cheap ancient bed with a new one for the "generous" sum of £200.

bsms1147

As things stand, yes, it is quite likely that the landlord will attempt to recoup the cost of a replacement bed from you in the future.

Speaking from similar experience if it did end up going to The Dispute Service at the end of the tenancy, I feel any result would go in your favour, or at the very least any amount payable would be a fraction of the cost of a replacement bed, which is apparently quite low to start with if it is not a good quality bed anyway.

TDS is not 'going to court' in any way shape or form, it's simply submitting a covering letter at the end of the tenency arguing why you think you're in the right. The landlord needs to do the same (some won't do this = win for you). TDS will then side one way or another, or they will divide the argued costs, equally or weighted to one side.

Take photos now, they will be incredibly useful at a later date. That option still leaves you without a bed to sleep on at the moment, and if possible I would take sew what's suggestion and have a look on Freecycle, Gumtree or eBay for a free/low-cost replacement. It is possible that having replaced the bed, the landlord will not take this any further.

IKEA beds start at 55 (double) or 40 (single) if you want to purchase new.


An alternative option is that you were lying on your bed, the corner gave way and you developed whiplash..