Landlord claim for mattress protector - how best to argue?

tornado99

I recently moved out of a room in a shared property. Checkout was 12pm, and the mattress protector was washed and left to dry on the kitchen airer. These are the facts:

- I took a photo of the washed protector

- I left a note on the bed saying it was on the airer

- They took a photo of this note in their checkout report

- Another tenant confirms that the mattress protector was on the airer during their checkout visit

- Checkout report says mattress protector "in poor condition, new one needed"

- Now they claim mattress protector was missing

- Mattress protector condition not mentioned in Inventory, although it appeared in a photo

- They also claim "the new tenant will have to replace the mattress protector, as you wouldn't want to sleep on someone else's"

Their arguments are all over the place! Can anyone suggest a short concise argument to cut through all of this and persuade them, or dispute resolution, to cancel this claim.

housebuyer143

How long have you been there? Something along the lines of a mattress protector you would expect to cost about £10 and only last a few years at most. I also doubt it was new when you moved in. 
I would therefore attribute it's condition to fair wear and tear and would refuse to contribute towards a it's still there. If they feel a new one is needed that is their choice but not up to you to fund.

YBR

How much is the Landlord/agent claiming for the mattress protector?
And is it listed on your check-in inventory?

I can see at one end of the the scale they can be got for under £10 new, and since it was already in poor condition the "missing" one is worth next-to-nothing. The cheap ones don't last so for them to charge you for a new one would be betterment, I think.

deannagone

I think its like claims for painting and decorating.  Painting and decorating is expected to be refreshed every 5 years or so as part of the LL's obligations.  So a claim for this would be considerably reduced if not disregarded.  Same for a mattress protector.., of limited life span so part of the LL's obligations to replace.., particularly if they are arguing that it is unhygienic to have the same mattress protector with a new tenant.  I'd just say it wasn't new when you moved in, you left it in good washed condition, replacing it with a new one would be betterment and unnecessary.

I would and do wash mattress protectors regularly anyway, skin shedding, and perspiration make that a hygiene requirement.  

tornado99

They haven't said how much they are claiming yet. It wasn't listed on the check-in inventory but there was a photo of it from a distance. The move-in condition can't really be judged nor proved to be new.

I suspect they are trying to wiggle on the fact that it wasn't in the room so is "missing", but then put their foot in it by writing "poor condition" on the Inspection report which implies they saw it.

theoretica

How long did you live there?

tornado99

about a year

BikingBud

Not on the inventory did it exist?

However,

• As a landlord I would describe a mattress protector as a personal item and I would likely provide a new unopened one for the incoming tenants with the requirement to use on the mattress and for a replacement on move out.
• As a tenant I would be looking to source and use my own! Along with my own bedding

deannagone

Nowadays, I'd clean the mattress and put a new mattress protector on myself before I slept in the bed.  

BUT this is a relatively new thing.  For 45 years, I didn't use mattress protectors, or clean mattresses like I do now and I wasn't covered in rashes or unwell in any way.  For two thousand years, the human race survived without clean mattresses and without protectors.

However, that's a different sub story lol.., I'd put in a dispute with the deposit protection organisation, claiming full deposit back and see what the LA/LL say.

hazyjo

Wouldn't expect to be billed more than £2. Absolutely petty. 

Sandtree

tornado99 said:

They haven't said how much they are claiming yet. It wasn't listed on the check-in inventory but there was a photo of it from a distance. The move-in condition can't really be judged nor proved to be new.

I suspect they are trying to wiggle on the fact that it wasn't in the room so is "missing", but then put their foot in it by writing "poor condition" on the Inspection report which implies they saw it.

I'd wait to see what they are claiming for it... I was ready to go in fists flying with a checkout report that claimed there was candle wax on the reverse of the curtains, highlighter pen stains on the kitchen floor and a host of other things until I got to the end and they recommended that £7 was an appropriate penalty for the damage. Still contest half of what had been listed but for £7 I have bigger fights to fight in life