Resolution case study - repairs and replacement items

What happened?

The tenant said:

• there were marks and scratches on the coffee table at the start of the tenancy which you can see in the check-in report
• the washing machine seal should fall under landlord maintenance because it’s fair wear and tear. The entire property, including all appliances had a professional clean before I moved out
• the worktop already had a couple of small burn marks when I moved in. I only noticed it when I moved the toaster later during the tenancy but as it didn’t affect me, I didn’t feel it was important to report it at the time. I am happy to compensate the landlord a small amount for the ring mark which happened by accident

The agent responded, saying:

• the coffee table was not in perfect condition but it suffered more damage during the tenancy which is why the landlord is asking for compensation
• the washing machine seal has deteriorated due to a lack of cleaning during the tenancy and the only option is to replace it
• the check-in report clearly shows the kitchen worktops were in good condition. The tenant had the opportunity to amend the check-in report, which they agreed to and signed without making comment

What evidence was provided?

Tenancy agreement, check-in and check-out reports, dated photographs, quotes.

What was decided and why?

Coffee table

• The check-in report recorded the coffee table in a generally good condition, noting ‘some marks and wear’. The photographs in the report showed some light scratches and general wear marks.
• The check-out report said that the coffee table had several dents and wax marks which was supported by accompanying dated photographs taken on the day of checkout.
• The adjudicator was satisfied that the table was returned in worse condition, in excess of wear and tear, and found the tenant responsible for a contribution towards repair.
• A quote for £167.80 was provided, to sand, fill and re-varnish the coffee table. The adjudicator accepted that the claim was for repair and not replacement however, highlighted that the table was marked with some wear at the start.
• Making an allowance for additional wear over the length of the tenancy, which was approximately two years, and to avoid putting the landlord in a better position than would have been the case without the damage, the adjudicator awarded £100.68 which was 60% of the repair cost.

Washing machine seal

• The check-in report noted that the washing machine was ‘like new’ at the start of the tenancy.
• The checkout report said that there was heavy mould to a large area of the rubber seal.
• While the adjudicator was satisfied the property was professionally cleaned before the tenant moved out, the extent of mould present was excessive.
• On balance, the adjudicator decided that cleaning would not have been enough to return the seal to a useable condition, even allowing for reasonable wear and tear and found the tenant responsible for a contribution towards replacing the seal.
• A detailed invoice for £152.16 was provided which broke down the costs of material (new seal) and labour, which included the contractor’s standard call out fee of £70.
• The adjudicator awarded £135.70 which was the full call out/labour cost and 80% of the seal replacement cost allowing for some wear and tear over the two-year tenancy.

Kitchen worktop

• The check-in report, signed by the tenant, said that the worktop was in a good, unmarked condition
• The checkout report recorded a large white ring mark, left of the hob, and three other small burn marks
• While the tenant said that the small burn marks were already there when they moved in, as there was no evidence to show that this was reported to the landlord/agent shortly after the start of the tenancy or any other evidence such as a dated photograph to support this statement, the adjudicator decided the tenant was responsible for causing the damage recorded on checkout
• A quote for £323 was provided to replace the damaged section of the worktop, including labour and materials. The adjudicator gave credit to the landlord for being reasonable and only claiming for replacing the damaged section of worktop
• Given the expected durability and lifespan of a worktop, and allowing for some reasonable wear, the fact that it was not new at the start and to avoid betterment, the adjudicator awarded £275, which was most of the amount claimed

How can you avoid this happening in future?

• Tenants should be encouraged to always report any damages they find, no matter how small or insignificant they may seem, to the landlord or agent whenever it is spotted. It is important to do this in writing so there is an audit trail if, at any point, this becomes an issue
• The best invoices will include a proper breakdown. In this case, they included materials, labour and call out fee, In these situations, fair wear and tear can clearly be attached to the materials only and would not apply to the labour and call out fee, which may be solely down to the tenant, depending on the facts
• To avoid the landlord ending up in a better position than they would otherwise have been, it’s important to make an allowance for fair wear and tear on any replacement items and consider the condition the item was in at the start, making the costs claimed reasonable and in proportion to the breach

How do you account for fair wear and tear?

Fair wear and tear is not a new concept, but it can often be overlooked when landlords and agents are negotiating a settlement at the end of a tenancy.

Our complete guide to fair wear and tear will help you understand what it is and how it is applied.