Deposit disagreement - am I in the right?

Jaffapig

Mr.Generous wrote: »

Whatever deposit scheme your landlord used will ultimately decide the cost of replacing the hob if you can't agree, my worry would be they look at a labor charge that's probably more than the hob will cost anyway, plus say £50 towards the hob. Might be cheaper to get it replaced yourself or by a cheap tradesman than let landlord send quote inflated by £100 to deposit scheme. Cynic me? Never.

I've already offered £50 and have now suggested the TDS as we don't agree.

saajan_12

Jaffapig wrote: »

It must be 5 or more years. Is an IKEA one and a new one looks to be £195. Don't know how long you'd expect it to last tbh. It was already heavily stained on two rings when we moved in.

I have offered to contribute to its replacement but not pay for whole thing but they're not happy with this.

Jaffapig wrote: »

I've already offered £50 and have now suggested the TDS as we don't agree.

£50 sounds unreasonable to me, I'm not surprised they don't agree. A crack is damage, not wear and tear and regardless of usability, the LL is entitled to an item that is cosmetically in the same condition less wear and tear.

See the guide on product lifespans here: not definitive but a starting point
https://www.tenancydepositscheme.com/resources/files/Product%20Lifespans%20Guide_DIGITAL.PDF

That suggests a hob should last 9-15 years.. lets assume the middle, 12 years and the LL has already had 5 years use. So replacing now means the LL loses 7 years, or 58% of the useful life. The cost of replacing is £195 materials + say £100 labour (as there would be a call out charge). You are liable for 58% x £295 = £172.

If you can negotiate something around that now, might save both of you the time and hassle of preparing evidence etc for the ADR.

Jaffapig

I hope this image is viewable, apologies if it is massive. This is a pic for clarity about what I'm talking about.

I do appreciate it's damage but I just never thought the whole hob would need replacing as a result, I've used it for a couple years like that. But maybe I'm wrong. TBH really not sure what the correct answer is.

Need_a_name

It's a bit of a tricky one - you've been there 3.5 years so things like betterment and fair wear and tear come into play.

Can't see the image but I'm also thinking that if letting out again there are often areas like electrical and gas certificates to consider - would the hob pass? For own property can put up with damage until get to point able to replace e.g. if revamping the kitchen

Re bathroom do you have pictures from when moved in versus moving out

Jaffapig

Need_a_name wrote: »

It's a bit of a tricky one - you've been there 3.5 years so things like betterment and fair wear and tear come into play.

Can't see the image but I'm also thinking that if letting out again there are often areas like electrical and gas certificates to consider - would the hob pass? For own property can put up with damage until get to point able to replace e.g. if revamping the kitchen

Re bathroom do you have pictures from when moved in versus moving out

Can't get the photo to work unfortunately..

The hob would pass, it is purely cosmetic in a small corner of the hob. And I don't have photos of that part of the bathroom before moving in. I think tbh the tide seems to be heading in favour of just replacing the hob.

anselld

Jaffapig wrote: »

I think tbh the tide seems to be heading in favour of just replacing the hob.

Replacing, yes, but nobody has suggested more than a contribution based on age.

If the L will not agree a fair contribution then allow TDS to decide.

Carrot007

saajan_12 wrote: »

£50 sounds unreasonable to me, I'm not surprised they don't agree. A crack is damage, not wear and tear and regardless of usability, the LL is entitled to an item that is cosmetically in the same condition less wear and tear.

See the guide on product lifespans here: not definitive but a starting point
https://www.tenancydepositscheme.com/resources/files/Product%20Lifespans%20Guide_DIGITAL.PDF

That suggests a hob should last 9-15 years.. lets assume the middle, 12 years and the LL has already had 5 years use. So replacing now means the LL loses 7 years, or 58% of the useful life. The cost of replacing is £195 materials + say £100 labour (as there would be a call out charge). You are liable for 58% x £295 = £172.

If you can negotiate something around that now, might save both of you the time and hassle of preparing evidence etc for the ADR.

However having a linear deprciation curve is ridiculous. how much do you think a 5 year oldhob is going to cost? Next to nothing and that is what he should be getting.


The labour on the otherhand is more matter of fact so a linear depriciation would be reasonable. So £100 @ 58% = £58 + £195 at 20% = £39 = £97 would seem more in line with being reasonable.

anselld

Carrot007 wrote: »

However having a linear deprciation curve is ridiculous. how much do you think a 5 year oldhob is going to cost? Next to nothing and that is what he should be getting.


The labour on the otherhand is more matter of fact so a linear depriciation would be reasonable. So £100 @ 58% = £58 + £195 at 20% = £39 = £97 would seem more in line with being reasonable.

Linear depreciation is the standard calculation in deposit claims. It is what the scheme will use.

Jaffapig

Ok thanks all for the food for thought. I'm going to see if I can get it replaced with a 2nd hand one in good condition, failing that I will offer more based on it being 6 yrs old (got that confirmed)