UK Landlord Forum / Life

My tenants moved out, all good.  They advised me that they would pay the final week's rent.  I am currently withholding releasing the deposit as they broke a kitchen chair (they were in the flat for 18 months so I don't consider this to be wear & tear).  I have asked them to pay for a new matching chair, one of 2.  I have also advised them they cannot withhold the last week's rent.  I have 2 questions -
Firstly if they cannot match the other kitchen chair, can I request they buy 2 new matching chairs?
Secondly, what can I do if they are not paying the last week's rent other than withholding release of the deposit?

Firstly - No.
Secondly - Agree to deduct the rent from the deposit.

Do you hold the deposit or are you talking about releasing it from the scheme?

the deposit is held by the DPS & I've now spoken to them.  In fact they advised me that I could deduct the price of 2 chairs if I gave 2 matching chairs & they cannot replace with the same. 
Yes I can deduct from the deposit...

The DPS advised you that you could deduct the cost of replacing two chairs when only one has been broken? They're deluded.

The compensation available is based on the cost of the original that's been lost, and the cosmetic loss relating to mismatched chairs is zero. Their help line is giving out advice that their own adjudication will decline!

Quote from: kayelondon on November 21, 2023, 04:27:11 PMIn fact they advised me that I could deduct the price of 2 chairs if I gave 2 matching chairs & they cannot replace with the same

I think you may be lying a little bit here. Maybe you don't understand your audience on a Landlord forum? But don't let me (or anyone) dissuade you, I'd like to see this play-out for sure.

Hey K

Let me just help you understand the process for ADR so you may prepare.

In the first place you will need a receipt for the chairs, the life of the chairs is likely to be considered as no more than 6 years.  If the receipt show they were £75 each that is £150 / 72 months = £2.083 odd per month.  If the Chairs were 3 years old the max value is £75 for the pair, or £37.50 each.

You will also need evidence as to the state of the chairs when these Tenant took occupancy, that will not increase the value but may decrease it. 

Then you have to give the opponent a chance to mitigate their loss or show that you have tried, for example advertise the chair as offer on Freecycle but in the text ask if anyone has a matching chair.  I did this for some plates that had a sentimental value.

Also you could obtain quotes for the repair of the broken chair.

I seriously doubt you will get the value of two chairs instead of one, at the very least you would have give them both of the Chairs.  You can mitigate their loss by selling the remaining chair on eBay to some Landlord who had a Tenant break one of theirs.

Also consider that the Tenant may assert that the chair was not fit for purpose or of reasonable quality and did not last for a reasonable period of time, none of which were their fault.  They may say the fault that caused it to break was there when they moved in.

I think it might be easier to speak to the Tenants and tell them you are prepared to go to ADR but if they pay you for the chair you will give them a positive reference or just let it go, but do not let the missing rent go.

Also, before you agree to ADR check whether it is binding, God forbid you end up in small claims Court.

Pray you have not screwed up on anything else, like deposit protection, the number of these cases that are triggered because of a small deduction is high.

The lesson here is don't rent furnished property or if you do use things obtained from Freecycle and make sure the Tenancy details that you have no liability to replace any items as they are not part of the Tenancy Agreement and only provided as a good will gesture.

There is a reason Social Housing providers do not provide Curtains (or rail), Carpets, Oven, Fridge, shower curtain or anything else, it is because it creates a feeling of entitlement to have them replaced. Even if a Tenant puts them in, they bin them when the new Tenant moves in or make them realise they are not liable for them.

Social Housing Properties are cleaned to a sufficient standard but that can mean mould has been treated by specialist but not painted over.  However, some HA's give vouchers for up to £500 for paint and materials to decorate with approved colours.

I never forget the Landlord who posted about the Tenant wanting a new toaster!

This is an asset you rent to pay off your mortgage, sure if you are renting out a lux pad to bankers it might be worth putting nice stuff in it, or if you are renting on AirBnB, but otherwise just rent what is necessary.

Hope this helps.

Quote from: kayelondon on November 20, 2023, 07:43:39 PMMy tenants moved out, all good.  They advised me that they would pay the final week's rent.  I am currently withholding releasing the deposit as they broke a kitchen chair (they were in the flat for 18 months so I don't consider this to be wear & tear).  I have asked them to pay for a new matching chair, one of 2.  I have also advised them they cannot withhold the last week's rent.  I have 2 questions -
Firstly if they cannot match the other kitchen chair, can I request they buy 2 new matching chairs?
Secondly, what can I do if they are not paying the last week's rent other than withholding release of the deposit?