UK Landlord Forum / Life

Hi there and thanks in advance for any sound advice offered.

I have endeavored to preserve a good business relationship with my tenants throughout their tenancy. Indeed they were extremely happy with me paying for everything that got broken / went out of order throughout their tenancy despite the fact we have signed an inventory prior to their moving in, describing in detail the condition of the flat and everything that's in it.

All that got broken was "fair wear and tear" according to them. So I paid.

I wonder whether I can claim from the DPS the fees laid out on their behalf previously for things that got broken (the deposit is held by the Deposit Protection Scheme).

Further, I would like to ask specifically the following:-

1)   When a Dyson hoover gets broken during the tenancy, and it is described in the inventory as in working order, who pays the bill for its repair – the landlord or the tenant?

2)   When a bed gets broken during the tenancy, and it is described as in tact in the inventory, who pays the bill for it?

3)   When a kitchen cupboard door gets its hinges broken .... (same as above)... who pays the bill?

4)   When the flat is freshly painted prior to beginning of tenancy and all minor scratches are meticulously described in the inventory prior to tenants moving in, what happens at the end of the tenancy? In particular, where the tenant has attempted to "clean" the scratches but instead have left a mark on the wall. Isn't he liable to repaint the wall?

   i)       What about mould stains that have appeared on the walls during tenancy – who is to make them good, the tenants or the landlord?

5)   The sofa is textile sofa and it was professionally cleaned prior to beginning of tenancy, some marks left due to fair wear and tear previously.  Tenant tells me he refuses to pay for professional cleaning of the sofa at the end of his tenancy as there is no clause within the contract requiring him to clean upholstery in the flat– to be honest I was surprised by this reply of the tenants – they knew they were coming to live in a extremely clean and freshly decorated flat with the sofa recently cleaned and in very good condition. Indeed, everything was professionally cleaned – carpet, curtains, chair mats, everything made of textile in the flat... I think it is logical for him to leave the sofa in the condition it was, i.e. clean at the end of the tenancy.

Any constructive advice re fair wear and tear specifically aimed at the points above much appreciated.

Best regards,

BB

Hi there,

My Property is unfurnished yours is furnished, but I will try to assist you - did you at the beginning take photos of your property and its contents? Then gave a copy of the photos to your tenants on the day of moving in, as a reminder to them (after how long they have stayed there) that when they leave the property as contracted - they have to return the property back to you in the same state as when they moved in? I hope you did.

I'm sorry I can't really reply with regards to contents but I have to reply regards to Mould - on our House Inspection with regards to our last tenants - we were faced with mould which our tenants did not advise us about - and as a duty of care of Landlords we had to sort that immediately - we had a report done - and we had automated fans installed in Bathroom/Kitchen and a DriMaster in the ceiling going into the attic - so clean air was blowing out and circulating the property - They are amazing! and its now written into the Inventory that these are not to be touched by the tenants without the Landlords Permission - It made me realise how pathetic the usual EXplair fans which most properties have are completely and utterly useless.
So if you have pathetic fans get rid of them and spend a little more to vent your property. Once the mould spores have arrived it is (I believe) The duty of care of the Landlord to sort. What would your tenants do with mould, wash it off with water? Wrong - don't leave tenants to get rid of mould or expect them to ventilate the property, by opening windows. I strongly advise you to not just paint over the mould but to buy the proper chemical and proper paint to eradicate mould, because when your next tenants move in, expect the mould to return. So to answer your question is it for tenants to get rid of the mould? No - As a Landlord you need to sort that out as soon as possible.

If, I did have a furnished property and at the beginning of the tenancy for example a hoover was working and then it was broken during tenancy (difficult) taking into consideration age etc Yes I would pay for repair - if curtains/sofa/carpets were clean at the beginning of tenancy and now not - I would deduct from tenants to return the property and contents in the same condition as when they moved in.

I hope this helps - but wear and tear - if you are very strict on this matter then any small mark that wasn't there before will look massive and then you will see a whole wall before you that needs painting - there has to be more sort of compromise on wear and tear.

Best to you!

This is somewhat subjective and so I only offer an opinion (and obviously without seeing the damage/status before damage)

1. Hoover, landlord unless damage obviously due to neglect/abuse
2. Same as 1.
3. Tenant - hard to see how that is fair wear and tear unless the units were water damaged/ really old
4. Tenant
4.i Landlord - hard to prove either way and you are on hiding to nothing on this one
5. Depends on your agreement - is professionally cleaned requirement? If not then not Tenant

Hope that helps
Best of luck

Question to JHoult...could you let me know what fan system you installed? Was it Drimaster/DriMaster 2000/With the heat element?
Thanks

JHoult thanks for your post on mould. I will look into DriMaster.

Just to say that I dont agree that prevention of mould is as cut and dried as you say.  The construction of some properties is conducive to mould growth, especially if the tenant refuses to allow ventilation.   Some give and take on both sides is important.

Hi,

Yes installed Nuaire Cyfan in Kitchen and Bathroom and yes Drimster (not heated element)
All good

Keep going! I am loving all the points of views - and I am learning from reading them
Cheers for now

THEANGRYLANDLORD, thank you for attempting to answer all my points. Specifically in relation to the professional cleaning of the sofa at the end of the tenancy, this is what my contract states:-

2.15.2   The Tenant shall use the Property in a good tenant-like manner and take good care of the Property including any Fixtures and Fittings and keep the Property and any Fixtures and Fittings in a clean and  tidy condition throughout the Term. The tenant shall ensure that its use of the Property is such as to minimise any problems with vermin at the Property and if any such vermin or signs of the same appear then the Tenant will arrange, at its own cost, to employ a reputable pest control company to eradicate such problem. The tenant shall otherwise deliver up the Property and the Fixtures and Fittings at the determination of the Term in good order and in a clean and tidy condition including arranging and paying for professional cleaning of any carpets, curtains and/or blinds in the Property and of any other part of the Property as required and in accordance with the Tenant's obligations, to immediately deliver keys to the Property to the Landlord.

In the circumstances, who would you say should bear the burden of the costs re cleaning of sofa?

Thanks to the rest of the participants as well - this is all very educational!!

Best wishes

BB

Not particularly well written but unless there is a huge hole in the upholstery or a massive ink stain then the Tenant is OK to clean the sofa themselves and meet the "good order and in a clean and tidy condition" requirement.

The amibuity is introduced by the words "and of any other part of the Property as required"...
I assume the definition of "Property" includes the building, grounds, fixtures fittings AND furniture?
If so then you could try it...weak but an argument could be extended to include professional cleaning of the sofa more uncertainty introduced by words "as required" unclear required by who? and is it required anyway?
If "Property" does not include Furniture then you are sunk per the terms of the agreement.

Practically though..is there any discernible difference to the state of the sofa now and how it will be if professionally cleaned?
If not then suggest tactically try to claim it and then capitulate in order to secure rest of the claim.

Best of luck.