Am I liable as a tenant for existing defects?

sam.ssrs

I am having a hard time with my previous landlord. He is asking me to replace a toilet seat as teh checkout report says it is beyond repair. It has siginficsnt yellow marks on the side that is not visible. But it is definitely not damaged. This issue was present when I moved into the property 6 months ago. This issue was not included in the check-in report and I failed to report it to the landlord.

What grounds do I have now to go back to the landlord saying the issue is pre-existing?

chunkytfg

LL isn't entitled to Betterment only the replacement cost like for like. So if when you moved in it was already 3 years old they can only ask for the value of a 3 year old toilet seat and not a new one.

ThePants999

You're not liable for pre-existing defects, but if you've signed a check-in report that doesn't mention it, and you didn't mention it subsequently, the landlord has "proof" that it wasn't pre-existing.

You can always try to argue your case, but the kind of landlord that wants to make a deposit deduction for yellowness on a toilet seat is probably not the kind of landlord who's going to let you off when the deposit protection scheme would be on their side.

But a toilet seat is ten or twenty quid, right? How much effort is really worth it here?

Comms69

Alternatively, this could just be wear and tear and therefore upto the landlord to sort

G_M

sam.ssrs wrote: »

.....He is asking me to replace a toilet seat as teh checkout report says it is beyond repair.
How old is it?
The LL cannot claim 'betterment' ie the cost of a brand new one if the old was was already halfway through its naturallife.

It has siginficsnt yellow marks on the side that is not visible.
If they are not visible, how does he (or you)know they are there?

But it is definitely not damaged.
What has caused the yellowing?
1) deterioration of the material though age?
2) staining by urine?
1) would be 'wear and tear'. 2) would be damage.

This issue was present when I moved into the property 6 months ago. This issue was not included in the check-in report and I failed to report it to the landlord.

What grounds do I have now to go back to the landlord saying the issue is pre-existing?

It would be your word against his as to whether it was there at the start. The lackof mention on the check-in adds weight to his claim but would not necessarily be conclusive. You'd (ultimately) each have to convince an arbitrator or judge to believe you.

But a toilet seat? £10 new less betterment? (Hmmm....plus labour)