Can agent ask me to pay for a hob that is chipped?

John_

lookstraightahead said:

I wish the law would change to ensure the landlord used the money to actually buy what had been damaged. This must be something that happens soon .

Why? That makes no sense.

bolwin1

If I was your landlord & was taken to TDS over something that is so clearly your fault and not wear & tear, I would also claim for the cost of fitting it, which could easily cost you another £100. And quite frankly, you would deserve it. 

davidmcn

alandaniel132 said:

John_ said:

lookstraightahead said:

I wish the law would change to ensure the landlord used the money to actually buy what had been damaged. This must be something that happens soon .

Why? That makes no sense.

This to ensure the landlord use the money to claim for a new item instead of keeping in their bank.

And why should that matter? Why not just leave it up to the prospective new tenants to decide how much rent they want to pay for a flat which already has a damaged hob etc?

pramsay13

alandaniel132 said:

I mean: Now I am going to dispute via TDS, saying is unfair to charge me £176. 
What happened if later TDS said is agent is correct, tenant is responsible for this hob. Can TDS said I need to pay the whole hob cost, or even charge me higher than £176?
which mean later I need pay £220 or £300 and not the initial £176?

The TDS will probably say "we think the deduction is reasonable".
They will not say we think you should have been charged more.
You are absolutely wasting your time but as others have said you have nothing to lose.

alandaniel132

I am planning to submit a dispute via TDS, I am worry that if I fail, TDS said is agent is correct, the tenant is responsible for this hob. Can TDS said I need to pay the whole hob cost, or even charge me higher than £176?
which mean later I need to pay £220 or £300 and not the initial £176?

hazyjo

Please stick to one thread. Really no need for a new one here.

Did someone explain about betterment on the other long thread? I've not read it.

cymruchris

If I came around to your house, and banged the corner of your tv, cracking the screen, but it still worked, would you be happy that I didn't want to buy you a new tv? You'd be ok with watching that TV with a crack in the corner for the next few years? I mean the TV still works, it's just a little crack in the corner. I imagine you'd be quite angry that I damaged your TV - although it still worked. I imagine you'd also want me to provide you with some kind of recompense for that damage? You might even expect a new TV?

Although the landlord doesn't live in the house - the landlord spent his or her own good money on a brand new hob when you moved in. You've damaged it. Not wear and tear. Wear and tear might be a light surface scratch, not several big chips out of the glass surface. So as the landlord after buying a shiny new hob, and you having damaged it, don't you think it's right thing to do to ensure the hob is shiny and new once more?

Everyone is sharing their opinions - so you're welcome to do whatever you want - but if it was me, and I'd caused the damage, I'd pay up and shut up before they charge 'installation fees' on top. I personally think your complaint will get nowhere, and you'll just waste everyones time, and although it's not going to cost you anything to complain - the right thing to do is to pay for the damage you've caused. Even if it was accidental. 

greatcrested

Good grief! You had very good advice on your thread earlier today!  (and yes, hazyjo, betterment was explained, plus the agent clearly explained to the tenant that betterment was not being deducted!)

https://forums.moneysavingexpert.com/discussion/6217894/can-agent-ask-me-to-pay-for-a-hob-that-is-chipped/p1

Almost all the 35 odd responses you received suggested you will lose. You could, of course, then take the landlord to court to claim the deposit back, but

a) the court is almost certain to reach the same decision based on the facts

b) the courts really don't like re-judging matters already ruled on by the arbitrators - which were set up by the government precisely to reduce the courts workload - and thus duplicating effort

c) you'll incur court fees on top

saajan_12

You seem to have removed some posts, which doesn't help people looking for similar help in future. The bottom line is 
* the hob surface getting worn down may be W&T, a chip is due to dropping something heavy on it and should not happen. It is damage. 
* You are liable for a % of the total cost of replacement, including parts AND labour. 
* The % is based on the lost useful life. 10yrs is very reasonable for the total useful life. Was it new when you moved in? 

So you would be liable for at least the £176. Anyone can use the deposit scheme, just as anyone can sue.. doesn't mean they'll win. You'll just waste your own time, and while the deposit scheme is unlikely to increase the cost, you risk the LL increasing the cost to include things they were previously giving you a break on, eg labour, finding proof of a longer useful life.. 

macman

'Wear and tear' = some light scratching of the hob surface due to pans being moved over it. Over two years, perfectly normal.
'Damage' (accidental or deliberate) = a crack or chip in the surface, due to impact with a pan or other heavy object. Not normal, and 100% the tenant's responsibility.
As other have said, why you would waste the time of the TDS disputing this is quite beyond me.