Rectifying Damage in Rented Flat

wildheart83

So I'm due to move out next month and have managed to burn the kitchen worktop. During a conversation with LL they mentioned selling the flat so I thought I'd buy a length of worktop to replace but they have now decided to rent it again.

The kitchen is quite old so I can no longer get the same worktop so to replace means buying a whole new worktop. Legally what do I need to do?
It's worth mentioning that I'm in Scotland, my deposit hasn't been registered with a deposit scheme and I rent privately so no LA to get involved, and also, there was no inventory done on moving in.
I don't want to leave on bad terms, but I don't want them to make me pay to do up their flat.

Thanks in advance

Pixie5740

With no inventory and an unprotected deposit the LL will find it difficult to make you pay for anything. In fact you could take the LL to the Sheriff Court for not protecting your deposit and claim up to 3 times the value of the deposit as compensation.

Even if the LL had taken an inventory and protected your deposit, they would be unable to claim for the whole cost of a brand new worktop. They don't get new for old so would only be awarded a fraction of what a new worktop would cost. How big that fraction is depends on how much use they've had out the worktop, in other words how old the worktop is.

If the LL didn't take an inventory when you moved in, do you think they'll take one when you move out?

wildheart83

What they've said is they'll arrange for return of the deposit once they've had a chance to look around (after I've handed keys back) so they haven't mentioned anything about an inventory.

I don't want to brass neck it and not do anything about the work top, as I suspect a different section of work top will probably be more noticeable than leaving the burnt bit

Pixie5740

By not taking an inventory or protecting your deposit your LL has left themselves open to brass neck tenants.

However, if you feel like you ought to contribute something towards the cost of repairing or replacing the worktop wait to see what the LL tries to claim, if they do at all, then you can choose to pay it or negotiate a different amount. Just remember that if they had done things properly the LL still wouldn't be awarded new for old by the DPS.

wildheart83

Thanks for your help Pixie, it's much appreciated. I'll wait and see what they say and then negotiate.

pinkshoes

How old was the kitchen work top? They can't expect you to pay for betterment (or anything at all if they didn't do an inventory nor protect your deposit), but if it's say 20 years old, then it is at the end of its lifespan. ..

Mercurial

My tenant broke a fitted wardrobe door which was about 10 years old. It went to the TDS tribunal and they decided tenant would pay 50% and I would have to pay 50%.

wildheart83

Was that 50% each for a new wardrobe or just to repair? I'm not sure how old the kitchen is, but I'd say it's quite old judging by the condition of the rest of it.

I supposed I'm annoyed at myself for causing damage, coupled with the fact the LL hasn't really stuck to their end of the deal over various but 2 wrongs don't make a right and I don't want to fall out with anyone over it.

Pixie5740

How long would someone expect a kitchen worktop to last for? Say the average lifespan is 10 years and it's been in the property for 9 years. That would mean there's only 1 more year of usage left so as a T I would expect to only contribute 1/10th of the cost of replacing the worktop, if that makes sense.

Mercurial

The door had came off the hinges (have no idea how she managed to do this) and the tenant had left it against a wall and it fell over and got broken. The cost was for ordering new door and the fitting.

[Deleted User]

If you look on ebay, you should be able to find cheap worktops. While you may not wish to replace the whole worktop for the sake of a small burnt patch, I suggest weighing up all the fuss and bother of arguing about deposit repayment/deductions against the cost of replacing the worktop.

Of course, if you replace the worktop you will need a reasonably good circular saw, or at least a good jigsaw and possibly some joint strips. You will also need to nerve yourself up to cut out the right sized hole for the sink (I've done it a couple of times but can understand why people don't like doing it - use the present hole as a template).

You might be able to obtain free worktops if you can locate someone throwing out an old kitchen - you could make a post on freegle etc giving people an idea of the lengths of worktop you need.