Resolution case study - kitchen worktop damage

What happened?

The tenant said:

• the worktop was not new, as you can see in the check-in inventory
• just because there is an additional circular mark on it does not make a new worktop justifiable
• what the landlord is claiming for is just normal wear and tear and to claim for a whole new worktop is crazy

The agent responded, saying:

• you can clearly see the burn mark, most probably from a pan, on the edge of the worktop by the oven
• the landlord cannot re-let the property out with that damage
• if the tenant had not caused the damage, a replacement would not be necessary
• the landlord has been provided with three estimates and this is the most reasonable

What evidence was provided?

Tenancy agreement, check-in report, check-out report, estimate

What was decided and why?

1. the check-in report showed some faded marks on the top of the worktop and wear on the worktop edges, consistent with the rest of the kitchen, which showed evidence of aging
2. the check-out report showed the circular mark, appearing as a burn residue, which was about six inches in diameter
3. the adjudicator decided that replacement was the most appropriate solution as the worktop area was small and that the damage was more than fair wear and tear, making the tenant responsible for compensating the landlord
4. only one estimate for £894 was provided, which was for ‘the supply and fit’ of a whole new worktop with no breakdown of these two things
5. taking into account the condition at the start, the two year tenancy and that to award the landlord the full cost would amount to betterment, the adjudicator made an award of £268.20 (30%)

Key takeaway points

• Fair wear and tear will always apply to any item or area that has a condition. Only cleaning does not attract fair wear and tear when considering reasonable costs
• Damage to items and areas should be assessed on a proportionate basis to see if repair or some other solution would be more appropriate
• If you can get more than one estimate, provide all of them as evidence – this supports your claim for market rates
• Invoices that breakdown costs of materials and labour can be more accurately assessed for the award
• In the case of worktops:
  • Is the overall worktop area large or small?
  • Could just one area be replaced i.e. is the design still available?
  • If the damage is very small, for example, an inch or two, is there another more cost-effective solution?

Read our guides, ‘Fair wear and tear – what is it and how is it applied?’ and ‘Inventories – the complete guide’ for more information relating to this case study. Total Landlord, also powered by Total Property, has also created a comprehensive guide, ‘The ultimate guide to a landlord inventory and schedule of condition’ which provides more useful advice.

 Key takeaway points

• Maintaining a good relationship with tenants is key but make sure that anything highlighted at periodic inspections is discussed at the time and not left until the tenancy ends
• Pet damage is damage and NOT fair wear and tear
• A landlord has to accept that the normal use of any area or item is part of renting a property and not the tenant’s responsibility to cover this part of any cost to make good
• Any claim is unreasonable if it puts a landlord in a better position than they would have been, if the damage had not happened

For more information on renting to tenants with pets, read our guide, ‘A landlord’s guide to lets for pets.’ For advice on wear and tear, read our guide, ‘Fair wear and tear: what is it and how is it applied?’