Wear and tear of a sofa

shan251999

Hi,
My landlord is trying to make our flat pay for a whole new sofa as a spring has gone in the back of it that apparently can not be reached to repair due to the design of the sofa, something we did not choose.
Is the breaking of the spring classed as general wear and tear or damage?

Wanderingpomm

Wear and tear is usually marks and scuffs, maybe sagging springs. How did you break it?

claire111

And how old is the sofa ?

Comms69

shan251999 wrote: »

Hi,
My landlord is trying to make our flat pay for a whole new sofa as a spring has gone in the back of it that apparently can not be reached to repair due to the design of the sofa, something we did not choose.
Is the breaking of the spring classed as general wear and tear or damage?

The test is:


Did the damage occur whilst you were using the item as a reasonable person would expect to.


In this case:


were people sitting on it and it went - wear and tear


were you hosting a the floor is lava contest and 8 people stood on the sofa? - your fault

need_an_answer

You shouldn't be charged for a whole new sofa unless it was new when you started your tenancy...however a broken spring doesn't automatically seem to be wear and tear and the sofa should be returned in the same condition at the end of your tenancy|(minus wear and tear)as your inventory would support.


How did it break?

How long have you been tenants?

Whats the listed condition on your check in inventory and is there a photo?

lookstraightahead

Are you a student? Just asking as usually students get ripped off.

[Deleted User]

I think its for the LL to prove the age of the sofa, AND that you caused the damage (as apposed to previous tenants) AND it wasn't fair wear and tear (like a brand new but cheap sofa). Go to the scheme your deposit is protected with, argue why you shouldn't pay for a new sofa (betterment, no proof you broke the spring etc) and ask for the full deposit back. Add any other reasons you think might apply.

letitbe90

deannatrois wrote: »

I think its for the LL to prove the age of the sofa, AND that you caused the damage (as apposed to previous tenants) AND it wasn't fair wear and tear (like a brand new but cheap sofa). Go to the scheme your deposit is protected with, argue why you shouldn't pay for a new sofa (betterment, no proof you broke the spring etc) and ask for the full deposit back. Add any other reasons you think might apply.

Well normally there is a check in process, so it wouldn’t have been previous tenants. The tenants responsibility is to not end the tenancy with things broken, be if them, be it a relative or friend, be it an act of God.

It is reasonable for them to ask for tenants to cover some costs if the sofa is no longer fit for the future tenants.

I’m not and never have been a landlord but I think while people are happy to complain about landlords, they are also willing to do whatever to takes to rip them off. Let’s not pretend tenants are perfect, in fact I am scared to be a landlord after seeing all the horror stories of tenants.

muhandis

The landlord is simply trying it on. Unless it was a brand new sofa when you moved in, he won’t get even close to the cost of a new sofa if you dispute the claim through the official dispute resolution process.

In your place, other than damage that is clearly your fault and cannot be classed as wear and tear, I would dispute the rest of the claim. From experience, wear and tear is interpreted very liberally by Adjudicators.

And remember, even for items that are damaged, the adjudicator will only award costs that take into account how old it was, expected life, etc. So don’t pay 100% for your landlord to replace existing furnishing, etc. The tenant deposit protection scheme is excellent, use it.

G_M

* age of sofa?
* quality of sofa (and hence normal expected life expectancy)?
* cause /circumstancies of spring breaking?
* description of sofa in inventory?
*