UK Landlord Forum / Life

Hello
My tenant of two years moved out a couple of weeks ago and left a bit of a mess. Most of it was manageable and he has agreed to pay for it. However, he left large stains on the sofa and a water stain on a roman blind which I'm not sure how to proceed with.

The sofa is an enormous sofa and stains are a mix of dark patches and (according to a stain remover) chemical burns probably from where he has tried to remove the stain and failed, and is permanent. The sofa is not new and was a little bit worn when he moved in but I can no longer rent the flat out with it now so badly stained. I'm not sure how to proceed. The seat of the sofa where the stains are can be removed so I could get new covers made, but there are two parts to the sofa so both would have to be done, and I don't think I'd ever get them to match the rest of the sofa. And if I do that, how much is fair for him to pay? Or should I just ask for a contribution to a new sofa and again, I have no idea what's reasonable.

The blind is also stained now to an extent where it can't be used again, but it was showing signs of fading and a tiny bit of fraying. I wouldn't have replaced it for another couple of years but now need to replace it immediately. And I have no idea what I can expect him to contribute (it can't be dry cleaned because it has wooden slats sewn into it).

Any thoughts or advice would be gratefully received! Thank you!

You can take a good stab at this by following some relatively basic rules of depreciation... assuming you are going to replace both items (that alone is debatable, of course, because it could be put forward as a viewpoint that the sofa still functions as a sofa... it's just cosmetic... but that doesn't help you as a Landlord trying to let a nice property)... take the value of the item when it was bought (not the price of a replacement item now)... so, let's say sofa at £1,000... and then its expected lifetime... 5 years? 10 years? Let's be easy on the Tenant and say 5 years... linear depreciation per year, down to a value of £0, would be £200 per year.

If the sofa is 3 years old, then it might be reasonable to ask for something like £400. This will be a contribution towards a new sofa. If it's 6 years old, then it's considered as if it's time to replace it anyway, and the sums would come out with a suggestion of £0 for you... which doesn't sound right, but it's an objective and scientific approach to calculating deposit deductions.

I prefer to either suggest something, or ask the Tenant to do so, and then negotiate until we are both happy. I am often more lenient because I value getting the agreement and being able to move on quickly. The last thing any of us wants is for the Tenant to raise a dispute with the deposit protection scheme being used. It slows things down and really proves that communication has broken down. Plus, the schemes do not often come down on the side of the Landlord in the equation - so agreement in the way to go (and by that I don't mean unilateral pronouncement - although it doesn't sound like you're that kind of person).

Frankly, often people just want to hear "£X"... rather than "£X because of the rules of depreciation".

Has he agreed the sofa is his responsibility? Assuming the deposit is not yet returned, has he said if he is happy to accept whatever deductions are necessary? I think I would ask for a contribution towards a new sofa and blind,whatever seems fair to you.Don't get too hung up on age,it's more to do with the quality of the furniture when he moved in.Does it owe you much?

Hi, thanks for the replies.
Heavy Karma, the inventory states clearly that the stains on both are his responsibility (he has argued that the stain on the sofa is fair wear and tear but the inventory states otherwise and I think he's coming round). The sofa was in pretty good condition - not perfect but pretty close to perfect (it was a £2000 huge sofa). He owes just under £400 so far for other stuff which he has agreed to....the blind will be about £140 to replace and I haven't looked into sofas yet but I wouldn't spend more than a £1000 on a new one...really not sure what's reasonable to ask him to contribute! Thanks for your thoughts. Much appreciated.

Quote from: KatH on July 13, 2018, 10:04:33 AM...I haven't looked into sofas yet but I wouldn't spend more than a £1000 on a new one...

But that's irrelevant.

By this I mean, it's not relevant what you do in the future - whether you get a new sofa, a second-hand sofa, or a set of Eames lounge chairs... the Tenant can only pay something for what they affected, not for how your future decisions may fall. It's unlikely you'll go exactly like-for-like - but there's a school of thought that says you must (although it's impractical). You could take money from them now and decide to let the property unfurnished next time... free money!

Resist trying to go to third party arbitration on this... settle on something that's, as you say, reasonable.

If you're learning more and more about this lark as you progress... removable covers! Leather. Stain resistant fabrics etc. etc.. There are strategies, just like with paint (Dulux Endurance, Crown Ultimate?) and with carpeting (bleach-able).

Thanks Hippogriff - I am definitely learning about stain resistant fabric and plastic carpets etc!
I wish there were hard and fast rules about all this. I hate all the negotiating...thanks for your thoughts.