Damage To Vinyl Flooring - Landlord Ripping Me Off - Insurance Not Covered

mystic_bertie

lookstraightahead wrote: »

This. Years ago I had a similar thing with a stain on curtains which the agents charged me £500 for )the stain was already there but I couldn't prove it). Wish I had taken it to arbitration. The curtains are still there when I drive past which the landlord is entitled to do for some weird reason. However it is your stain. It's just the amount that needs querying.

Thanks for your reply. Yes i am certainly going to query the amount. Ill try and find out what the insurance was going to cost for the job before they decided i wasn't covered.

anselld wrote: »

The fact that wax could not be removed suggests existing is a cheap Lino.

Challenge with the scheme on the basis ...
Is the quoted replacement like-for-like in quality?
Has allowance been made for age of old Lino (L is not allowed new for old).
Has allowance been made for condition at check in ( photos and inventory description)?
Is the quoted price fair?
Have repair options been considered? Eg tile replacement if tiled.

Thanks for the reply, i would imagine they are going for like for like and new for old. I was not aware that this was not allowed when the landlord in making a claim. Thanks for informing me. There is one photo on plain paper and it is a little bit hazy and unclear of the condition. The sub floor below is it really bad and there is lots of raised pot areas where the subfloor has crumbled into rubble.

Mutton_Geoff wrote: »

£160 for some vinyl, £200 for a day removing, preparing (removal of kick panels, and floor standing appliances etc) and disposing of rubbish. Some glue and VAT looks like £480 about right even for a small kitchen.

But offer £200 towards it as landlord will get some betterment.

If he’s been a landlord for a while, he’s probably quite friendly with the local flooring fitters since tenants are always trashing flooring through lack of care (in my own experience).

Thanks for your reply. He has a mate who gave this quote as he was there when i was checking out, he was measuring up the floor, a bit too friendly for my liking. Ideal scenario for my landlord to conn me of my deposit. I think they should be using someone a bit more independant.

The whole house is done to a low standard. Nothing is professionally finished, its all done to a low diy standard.

mystic_bertie

00ec25 wrote: »

no, it just shows you have no idea what you are talking about when it comes to costs including people's labour charges

no it is not unrealistic, it almost certainly is the cost the LL is going to have to pay to replace an entire kitchen flooring

your argument is however over betterment - sadly unlike an insurance policy, a tenant who destroys the landlord's property cannot be charged for new for old, they can only be charged for second hand value. That is the basis of your dispute - and is one you should win because the law is written to say so.

The LL therefore has to choose between trying to let to new tenants with worn second hand items in place and thus getting low class tenants or, foot the cost difference of fitting brand new so as to let to tenants who want, and will pay rent for, new, whilst only getting back part of the cost from the tenant who destroyed his property

Many thanks for your reply and giving me the good information. This lets me dispute the amount based on its age and second hand value. It would not surprise me if he got his mate to patch it up and charge me as much as possible for the job. At the end of the day we have no proof that the work will be carried out and the landlord will be making a fat profit. The whole house is full of botched work and patched up decor and sub standard workmanship.

ACG wrote: »

How long were you in the property for?
Was the floor new when you moved in? (Bare in mind the landlord can probably prove whether it was or not with a receipt/bank statement).

If the floor was new when you moved in and you were there for 6 months, then it is probably right.

If the floor was new when you moved in and you were there for 6 years, then you are being over charged.

Many thanks for your reply. I moved in Oct 2016 so i have been there 2 years, the flooring was not new and did look a bit old and tired. The sub floor was crumbling underneath and it had created lots of lumps and bumps underneath the vinyl flooring.

Sibz wrote: »

Of course you can dispute the amount - it doesn't mean you will be successful - that's down to the process and the arbitrators.

For flooring costs and labour, that amount is probably not too far off - The removing a bonded flooring is hard enough work - but having it bonded was the LL's choice.

Thanks for your reply. What proof do i need to give if i wanted dispute the amount, its not like im able to get an independant quote as i have moved out.

God knows why it was bonded, im 48 and i have never seen a bonded vinyl floor in my life, only this one. :cool:

mystic_bertie

here are some pics.

i also made a hole in the flooring when i was moving an appliance, the floor is sticking up high and the appliance made a hole in the vinyl. I glued it together. The landlord spotted this too. dont think im entirely to blame for the hole as it should have been flsat and smooth to begin with.

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wax stain


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bumps on floor

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uneven floor

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size of kitchen

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mystic_bertie

here is the entire claim my landlord is making, i cannot dispute the £750 rent arrears i owe.


Claim Details
Your landlord or letting agent deduction 1 - Rent Arrears
Rent arrears for October 2018 discussed with the tenant his, instruction was to with hold the amount from his bond.

Claim amount £750.00
Your landlord or letting agent deduction 2 - Damage to property contents
Stairs carpet damaged by cutting/hole below the top step. Possible solutions discussed direct with the tenant by the carpet supplier this estimated cost may go up if the carpet cannot be matched with the rest of the stairs and landing. Photographs available and noted on the end of tenancy inventory.

Claim amount £300.00
Your landlord or letting agent deduction 3 - Damage to property contents
Kitchen Lino heavily stained with red substance and ripped total replacement required. Discussed with the tenant photographs available and noted on the end of tenancy inventory.

Claim amount £480.00
Your landlord or letting agent deduction 4 - Cleaning
The oven and hob have been left in a disgusting used state. Discussed with the tenant and noted on the end of tenancy inventory, photographs available.

Claim amount £110.00
Your landlord or letting agent deduction 5 - Redecoration
Multiple places of repair and decoration due to wall damage from pictures and mismatched paint. Previously discussed with the tenant and again discussed and noted on the end of tenancy inventory photographs available.

Claim amount £250.00
Your landlord or letting agent deduction 6 - Gardening
Lawn requires treatment and reseeding due to neglect. The grass has mainly died off and weeds are abundant. Photographs available and it has been discussed with the tenant on more than one occasion. Also noted on the end of tenancy inventory.

Claim amount £250.00
Your landlord or letting agent deduction 7 - Gardening
Patio area neglected and requires jet washing/cleaning to remove black spots, mould and general dirt. Discussed with the tenant on more than one occasion. Photographs available and noted on the end of tenancy agreement.

Claim amount £105.00
Your landlord or letting agent deduction 8 - Cleaning
General thorough cleaning throughout the property.

Claim amount £250.00
Payment details
Deposit Amount: £1,125.00

Total Claimed: £2,495.00

Amount to be paid to Landlord/Agent: £1,125.00

Amount paid to Landlord/Agent: £0.00

Amount to be paid to Tenant(s): £0.00

Amount paid to Tenant(s): £0.00




Dispute Amount:
£0.00

G_M

Well we can only really comment on the kitchen floor. The other claims you have not provided details so .... no comment beyond saying it suggests less than ideal tenant-like behaviour....

As others have said
* the LL's buildings insurance is irrelevant. He may or may not have insurance. If he does, and he claims, the insurer could claim off you. If he does but chooses not to claim and pay the excess and increased premium next year he can claim off you. If he doesn't, he can claim off you. ottom line is you caused damage so you are liable.

* You could dispute your liability eg by showing the damage was there before you moved in. This seems like a long shot......

* you could dispute the amount, either a) by providig a cheaper quote for a similar flooring including labour to remove the existing and replace. As others have said, my guess is the amount is not far off, and/or b) by quoting 'betterment'

Looking at the photos, that looks like a newish kitchen in good condition. I'd be pretty miffed at damaged caused to the floor......

TamsinC

Given you don't seem to be disputing the rest and your deposit is only £1,125.00 and the landlords claim is £2,495.00 - challenging a mere £480.00 seems pointless. Looks like you will lose the lot anyway.

Slithery

mystic_bertie wrote: »

It would not surprise me if he got his mate to patch it up and charge me as much as possible for the job. At the end of the day we have no proof that the work will be carried out and the landlord will be making a fat profit.

If the LL is awarded compensation from your deposit for the state of the floor he is under absolutely no obligation to get the work done. He can spend it all down the pub if he so wishes and it's none of your business.

diggingdude

Crikey just how much mess did you make??

Marvel1

Personally I would dispute it all (minus £750 rent you owe), let the DPS decide what is fair.

lookstraightahead

To me, and I'm no expert, it looks like the vinyl floor isn't put down properly. I've had that with floor tiles in a rental that were simply laid on top of old tiles which meant they cracked when you walked on them over time. The floor isn't flat is it