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Landlord being an idiot

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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    JuicyJesus wrote: »
    Because it's the landlord's property - yes - sort of - the landlord was renting the locks out. , it was never the tenant's - it was, the tenant was paying rent for the property, which includes the locks, they were renting them. , and it was only rendered useless through the tenant's idiocy (yes, idiocy - if OP considers the landlord an idiot for expecting tenants to fix damage they caused then I'll call them an idiot for causing the damage).- agreed, tenant is liable.

    The tenant isn't "covering the cost" to be nice, they're "covering the cost" because it's a cost they incurred, effectively rendering useless the landlord's property. Not least because if these are security locks they may well not be reusable or resaleable, especially since one of the keys is lost.

    If I were to break something of yours, then paid for a replacement, I would assume you would tell me to FO if I also said I would like the saleable bits of that item if there were any. I would certainly not consider it reasonable for me to receive any usable or saleable bits of the item I damaged. It's not mine, it was never mine, it's yours, and the only reason I paid to replace it is because I broke it.

    Yes but there is an argument for betterment.


    If I break your fridge, you aren't entitled to a new fridge, you are entitled to the same fridge, had I not broken it. So I would owe you the cost of a second hand replacement.


    Just like car accidents and anything else. In fact car accidents are even more accurate as often the insurance company buy the car from you, for the saleable parts.


    You are never entitled new for old.
  • missile
    missile Posts: 11,691 Forumite
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    edited 6 October 2017 at 11:27AM
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    JohnnyZee wrote: »
    Wow! Is this forum full of landlords who have no empathy for tenants? I am not saying the tenants should not pay for their mistake, all I am asking is what is the fair and just amount?

    Am I the only one who thinks YOU may be the tenant? I am not a LL. I think you should pay for your mistake and £150 is very reasonable.
    What if the tenant and the LL cannot agree on the cost? What happens? Does it go to tribunal?
    You have no keys and may get evicted.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • JuicyJesus
    JuicyJesus Posts: 3,830 Forumite
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    Comms69 wrote: »
    Yes but there is an argument for betterment.


    If I break your fridge, you aren't entitled to a new fridge, you are entitled to the same fridge, had I not broken it. So I would owe you the cost of a second hand replacement.

    I think the difference here is that it is as if the tenants had broken the fridge to the point where it's not possible to replace it without buying a whole new fridge at the tenant's cost. Would you agree that in this circumstance it would not be fair for the tenants to keep the old fridge for whatever scrap value they can obtain from it?
    Just like car accidents and anything else. In fact car accidents are even more accurate as often the insurance company buy the car from you, for the saleable parts.
    An insurance policy is different from a tenancy agreement and a car is different from locks. There is a reasonable argument that the landlord is not entitled to "new for old" at the end of a tenancy should anything be deducted from a deposit, say if the tenants spilt wine on the carpet he couldn't claim for a brand new carpet, but realistically a lock is not subject to wear and tear in the same way a carpet is and locks are also not really comparable to the salvage of a total loss car. The landlord had working, secure locks with keys under his control; he no longer has that because of the tenant, and it is not "betterment" to be put back in that same position, regardless of if he now has a bunch of insecure locks on his hands.

    In any event, the more practical consideration here for me is that I would certainly not suggest that the tenant push their luck in this case asking for the locks as well as from the tone of the OP's posts they have probably more than worn out their welcome already. Had they been upfront with the landlord and agreed to his quite reasonable request for payment for changing all the locks in his building because of an event they caused, politely asking for the old locks for re-sale might be a goer. As it is they are coming across as a pain in the a*se that doesn't really appreciate their own fault or liability in the situation.
    urs sinserly,
    ~~joosy jeezus~~
  • chucknorris
    chucknorris Posts: 10,786 Forumite
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    edited 6 October 2017 at 12:57PM
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    Comms69 wrote: »
    What do you mean working for cleaners rates?


    I could start a consultancy charging £80 per hour for my profession, and people would pay.


    But that doesn't make ALL my time worth that.

    My comments were limited to why we wouldn't clean.

    We are probably unable to spend our wealth as it is, time is more important to me (us) than making more money, which is why I just dropped down to working one day per week and why wife retired early (aged 47) last December. So we have both turned down work paying significantly higher rates.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    My comments were limited to why we wouldn't clean.

    We are probably unable to spend our wealth as it is, time is more important to me (us) than making more money, which is why I just dropped down to working one day per week and why wife retired early (aged 47) last December. So we have both turned down work paying significantly higher rates.



    I can help you spend it :)


    But yes ofcourse, time is worth something.
  • chucknorris
    chucknorris Posts: 10,786 Forumite
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    Comms69 wrote: »
    I can help you spend it :)


    But yes ofcourse, time is worth something.

    No thanks, I think this is something that I'm going to enjoy trying to do myself.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    JuicyJesus wrote: »
    I think the difference here is that it is as if the tenants had broken the fridge to the point where it's not possible to replace it without buying a whole new fridge at the tenant's cost. Would you agree that in this circumstance it would not be fair for the tenants to keep the old fridge for whatever scrap value they can obtain from it? - It's not relevant, if the tenant smashed the fridge, the LL is NOT entitled to a 'new' fridge, just a like for like replacement. The argument that there is still value in scrap could be used to mitigate that cost further, but ultimately the LL could also counter claim the cost of removing the scrap.

    An insurance policy is different from a tenancy agreement and a car is different from locks. - actually not so much different. A car is property the same as a lock. and insurance (ignoring the legal requirement) is in essence the same as a tenancy, it's a contract to carry out certain actions in exchange for money. There is a reasonable - legal, it's a legal principle which applies is all areas of civil dispute - argument that the landlord is not entitled to "new for old" at the end of a tenancy should anything be deducted from a deposit, say if the tenants spilt wine on the carpet he couldn't claim for a brand new carpet, but realistically a lock is not subject to wear and tear in the same way a carpet is - totally agree. and locks are also not really comparable to the salvage of a total loss car. - My car was written off as a total loss, I can tell you the parts were worth several thousand, and the value of the car was around £4000. The landlord had working, secure locks with keys under his control; he no longer has that because of the tenant, and it is not "betterment" to be put back in that same position, regardless of if he now has a bunch of insecure locks on his hands. - I tend to agree, except there's no guarantee the locks are secure unless they were changed at the start of the tenancy.

    In any event, the more practical consideration here for me is that I would certainly not suggest that the tenant push their luck in this case asking for the locks as well as from the tone of the OP's posts they have probably more than worn out their welcome already. - agreed Had they been upfront with the landlord and agreed to his quite reasonable request for payment for changing all the locks in his building because of an event they caused, politely asking for the old locks for re-sale might be a goer. As it is they are coming across as a pain in the a*se that doesn't really appreciate their own fault or liability in the situation.



    The legal position in this case is simple: Deminis Non Curat Lex


    I was simply discussing principles.
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