Damaged kitchen worktop - landlord wants to replace?

anselld

You have a number of quotes for repair.
Repair seems a reasonable option.
However, if you don't want to risk funding a repair and then still being in dispute then simply submit your repair quotes to the Deposit Scheme when you come to the inevitable dispute at the end of tenancy.

tangerine27

AdrianC said:

tangerine27 said:

That's fine - but we are not paying them £4000 for them to just put in their bank account. They can have a repair, on us, or nothing at all.

It isn't up to you to decide.

Nor is it up to the landlord to decide how much is suitable compensation for the damage.

It's up to the deposit arbitrators to decide how much. Once you've moved out, you get no say in the property any more.

While I appreciate that, I'm not letting us be screwed over by a greedy landlord who just wants an extra £4k they aren't even going to spend on the house! I can't for a minute imagine the deposit arbitrators would say that a replacement is the only way forward. Even if the landlord requested £500 or even £1000 split between the 4 of us is doable - but £4000 is outrageous!

tangerine27

anselld said:

You have a number of quotes for repair.
Repair seems a reasonable option.
However, if you don't want to risk funding a repair and then still being in dispute then simply submit your repair quotes to the Deposit Scheme when you come to the inevitable dispute at the end of tenancy.

Funding a repair is fine - we just don't want them saying it's "not good enough" and charging us £4k for replacement (which, going by some posts in this thread, they wouldn't even do and would just keep the money). I think out best shout is to offer the repair, which we have, and if that's not acceptable then leave it up to the Deposit scheme.

AdrianC

tangerine27 said:
I can't for a minute imagine the deposit arbitrators would say that a replacement is the only way forward.

Then it's not an issue, is it?

Remember, too, that the arbitrators cannot order a single penny from you that you haven't already lodged as a deposit. The very most they can do is say "Sorry, tenants, not a penny coming back to you."

The landlord can, of course, take you to court for any damages or debts above the deposit. But if they lodge a claim for £4k, and your defence says "But the arbitrators judged a £200 repair was perfectly adequate", then their chances of winning are minimal.

Even if the landlord requested £500 or even £1000 split between the 4 of us is doable - but £4000 is outrageous!

The simple answer to that is not to cause £4k-worth of damage to the property.

eve824

Have you got accidental damage on your contents insurance? Worth a try to see if it is covered?

tangerine27

AdrianC said:

tangerine27 said:
I can't for a minute imagine the deposit arbitrators would say that a replacement is the only way forward.

Then it's not an issue, is it?

Remember, too, that the arbitrators cannot order a single penny from you that you haven't already lodged as a deposit. The very most they can do is say "Sorry, tenants, not a penny coming back to you."

The landlord can, of course, take you to court for any damages or debts above the deposit. But if they lodge a claim for £4k, and your defence says "But the arbitrators judged a £200 repair was perfectly adequate", then their chances of winning are minimal.

Even if the landlord requested £500 or even £1000 split between the 4 of us is doable - but £4000 is outrageous!

The simple answer to that is not to cause £4k-worth of damage to the property.

Very true, it just panics me as I don’t like dealing with landlords! We pay nearly £40k to live in this house and ok, it may be the shape of the world and my situation currently but it seems so unfair for them to fleece us for even more, especially if they won’t spend it on the property.
Also, yes - but I definitely didn’t, and I’m not careless dropping pots and pans - perhaps unlike others I live with. Thankfully I think this is my last joint tenancy agreement, I’ve learned my lesson!

AdrianC

tangerine27 said:
We pay nearly £40k to live in this house and ... it seems so unfair for them to fleece us for even more

You pay rent in return for accommodation. The longer you get the accommodation, the more you pay.

In return, you promise to return the property at the end of the tenancy in a condition commensurate with no more than fair wear and tear for the period you've been in residence.
"Fair wear and tear" is the law recognising that carpets wear over a decade or so, paint needs refreshing after about five years, etc.

Knocking lumps out of solid stone is not fair wear and tear, no matter how long you've been in residence...

And, no, it may not have been you personally - but for the purposes of the joint tenancy, it is you (plural).

tangerine27

AdrianC said:

tangerine27 said:
We pay nearly £40k to live in this house and ... it seems so unfair for them to fleece us for even more

You pay rent in return for accommodation. The longer you get the accommodation, the more you pay.

In return, you promise to return the property at the end of the tenancy in a condition commensurate with no more than fair wear and tear for the period you've been in residence.
"Fair wear and tear" is the law recognising that carpets wear over a decade or so, paint needs refreshing after about five years, etc.

Knocking lumps out of solid stone is not fair wear and tear, no matter how long you've been in residence...

And, no, it may not have been you personally - but for the purposes of the joint tenancy, it is you (plural).

I meant £40k per year... not total.
Yep, and that’s fine.
The whole issue is just can a landlord pluck a number out of the air and claim we have to pay it for a replacement. And thankfully, it seems no they can’t.

pbartlett

no they can't !

dimbo61

I lost the will to live and read all the replies.
The first thing that comes to mind is who in their right mind puts a £4,000 worktop in the kitchen of a rental property / HMO
Second the Landlord and Lettings agents can't claim betterment ! 
So unless the Landlady spent thousands on the property just before you moved in and has both all the invoices and receipts to prove this plus a Video inventory and written report

Then she won't get a new worktop made of granite.
Just make sure you clean the property and remove all your junk.
If the LL/LA tries to make large deductions for all sorts of items above normal wear and tear then go through the DPS arbitration scheme .
Simple really so don't agree to any deductions and let DPS decide.
The LL LA have to proved the evidence not you.