Tenant broke washing machine outer part

BrightonPalace

Hi everyone,

My tenant have broken outer part of my washing machine, they also covered with white stuff.  
The washing machine works properly but I cannot fix the problem, I need to buy a new one.  
We have a deposit dispute going on at the moment, they claim is wear and tear even do the part of the machine is clearly broken (this is not wear and tear).

The machine was only 3 years when they moved in and cost 510 pounds; I can prove with the invoice.
If I replace the washing machine, do I charge them the full amount or I need to consider wear and tear?

I appreciate any suggestion on the matter.  

Thanks in advance

user1977

Which "outer part"? If it works properly, why does it need replaced? What is the "white stuff"?

In any event, no, you can't charge them for a new washing machine when what you should have is a 3 year old one.

TBagpuss

You have to consider wear and tear. 

Broadly speaking, you are not entitled to 'betterment' - if the (damaged) 3 or 4 year old washing machine ws replaced with a new one you are better off, as you have a new washing machine rather than ine which is 3-4 years old.

Normally, you look at what the expected life of the washing machine would be. Suppose for the sake of argument, that it was reasonable to expect a washing machine to last for 6 years, and assuming also that your tenants were in the property for a year so the washing machine was 4 years old at the end of their tenancy, your loss would be 2 years worth.

So £510 / 6 = £85 (yearly 'value') £85 x 2 (lost time if it is broken and non repairable) so you might be able to claim up to £170.

The Tenancy Deposit Scheme has a guide which sets out how long it might be reasonable to expect things to last and what would affect those expectatins https://www.tenancydepositscheme.com/wp-content/uploads/2021/04/A_Guide_to_product_lifespans.pdf

Also, if the damage is cosmetic but the machine works then that may also be relevant - are you sure that it cant be fixed? Does the damage mean that there is any risk (e.g. access to electronics. sharp or protruding edges) I am not an expert, but I would have thought that the amount you might be able to claim for purely cosmetic damage would likely be lower than if it was actually necessary to replace the item because it no longer functions, or becaue it creates a risk to future tenants. 

ciderboy2009

Charging them the full amount of the new washing machine would be classed as "betterment".  You are not entitled to this - at most you are entitled to the cost of an equivalent machine which is 3 years + the length of their tenancy old.

I would suggest that the maximum would be somewhere between £50 & £100 - probably near the lower end as the machine still works.

lika_86

The washing machine works, so unless an essential function is broken, then you don't need to buy a new one and you could choose to let it go. Unless your tenants were demonstrably not using it properly then damage on a three year old washing machine could legitimately be wear and tear, washing machines don't last forever. We were in a rented property for eight years and had two replacement washing machines in that time but otherwise none of our other appliances needed replacing in that time and they weren't new when we moved in. 

NameUnavailable

BrightonPalace said:

Hi everyone,

My tenant have broken outer part of my washing machine, they also covered with white stuff. 

The washing machine works properly but I cannot fix the problem

So is it broken or does it work?

What is the 'outer part' that's 'broken' ? It can probably be replaced if really necessary.

GDB2222

The landlord doesn’t need to put up with a visually broken machine that still works.  Leaving that in place might well result in lower rent from incoming tenants.

He is entitled to the depreciated value of the machine he bought for £510. That might be around half of that amount after 3/4 years. 

I guess the tenant can come and pick up the broken machine if he thinks it useful.  Once he’s paid for it!

NameUnavailable

GDB2222 said:

The landlord doesn’t need to put up with a visually broken machine that still works.  Leaving that in place might well result in lower rent from incoming tenants.

He is entitled to the depreciated value of the machine he bought for £510. That might be around half of that amount after 3/4 years. 

I guess the tenant can come and pick up the broken machine if he thinks it useful.  Once he’s paid for it!

But if it's a £50 repair he can deduct that from the deposit. It doesn't sound like a total replacement is absolutely necessary. Not to mention carbon footprints, landfill etc. etc.

lookstraightahead

Depending upon how long your tenants lived there, you may get £50 

lookstraightahead

GDB2222 said:

The landlord doesn’t need to put up with a visually broken machine that still works.  Leaving that in place might well result in lower rent from incoming tenants.

He is entitled to the depreciated value of the machine he bought for £510. That might be around half of that amount after 3/4 years. 

I guess the tenant can come and pick up the broken machine if he thinks it useful.  Once he’s paid for it!

I doubt a 4-year plus washing machine is worth anywhere near half its original value tbh 

GDB2222

lookstraightahead said:

GDB2222 said:

The landlord doesn’t need to put up with a visually broken machine that still works.  Leaving that in place might well result in lower rent from incoming tenants.

He is entitled to the depreciated value of the machine he bought for £510. That might be around half of that amount after 3/4 years. 

I guess the tenant can come and pick up the broken machine if he thinks it useful.  Once he’s paid for it!

I doubt a 4-year plus washing machine is worth anywhere near half its original value tbh 

£510 is not a low end machine. A ten year lifespan if properly used is reasonable. We replaced our Miele after 16 years, and it was still working fine. 

None of these machines have any secondhand value, but that’s not the basis on which compensation is calculated. It’s based on the original value depreciated in a straight line over a reasonable anticipated lifetime.