Resolution case study - replacement mattresses
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We offer an independent and impartial resolution service for landlords, agents and tenants who are unable to reach agreement on distributing the deposit when the tenancy ends.
We look at a recent case and break it down, so you can understand our approach to resolution. This month, our Resolution Department Lead, Suzy Hershman, reviews a recent case involving replacement mattresses and fair wear and tear.
Deposit details
Deposit £1,000
Unresolved amount £370
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What happened?
The tenant said:
- the marks on the mattresses were already there at the start of the tenancy
- the mattresses were old and well used when they moved in but the landlord is trying to claim for brand new ones
The landlord and agent responded, saying:
- the tenant was sent the check-in report when they moved in which says the mattresses were in used condition with no marks or stains
- no amendments were made by the tenant or reported at a later date
- the landlord is claiming for replacing the mattresses as the incoming tenants are unhappy with their condition
What evidence was provided?
Check-in report, check-out report, undated photographs, receipt, tenancy agreement.
What was decided and why?
- The check-in report said that the mattresses in both bedrooms were in used condition with no marks or stains. The check-out report showed that the mattress in one bedroom was heavily stained all over and the second mattress in the other room was covered in light marks
- The adjudicator was satisfied the mattresses were both returned in worse condition, however the landlord was claiming the full replacement cost which made no allowance for fair wear and tear
- The first mattress was returned heavily stained and a contribution towards replacement was justified. To avoid putting the landlord in a position of betterment, some consideration was given to the mattress being in a used condition when the tenant moved in and for the length of tenancy. This resulted in £80 (50% of the replacement cost) being awarded to the landlord
- The second mattress, also used at the start, was left with light marks all over with no evidence to show that these could not have been resolved by cleaning. Due to the nature of the marks, cleaning would have been a reasonable first step, helping to reduce the potential loss to the tenant. As the marks were not sufficient to make the mattress unusable, a small award of £40 was made to the landlord, equivalent to mattress cleaning costs
Read our guide, ‘Fair wear and tear – what is it and how is it applied?’ for more information.