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Damaged bed


Bricklayer27

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I have a student tennant, individual tennancy, has damaged her bed beyond repair,, it's collapsed in the middle and supports are twisted, hence needs replacing, it was new in oct 2011 , as was the rest of the house and furniture,

Can I specify a a like for like bed to keep the rooms ll uniform as they currently are?The mother is saying she will buy a industry standard bed not uniform I'm guessing , this would not be in keeping with the rest of the house and bring its standard down!

Can I request this bed is replaced now as she wants to do it at the end of the tennancy?

Contract extract below

To keep the interior of the property, the internal decorations and the fixtures, furniture and effects in good repair and clean condition( except for damage caused by accidental fire and except for anything which the landlord is liable to repair under this agreement or by law) and to replace if necessary any items of the fixtures, furniture and effects which have been destroyed........ Quote the contract

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* Surely the bed is still under guarantee as its only 7 months old and is not fit for purpose if its collapsed ?

* If the bed was replaced now......I'd expect the cost of a replacement with no deduction for wear & tear BUT If the bed is replaced at the end of the tenancy....say after 2 years..... you cannot expect the full replacement cost.

* Tenants only have to ensure that the property is returned in the same condition at the end of the tenancy......you cannot force them to take action now other than to threaten termination of the agreement and you can only do that if you are out of the fixed term.

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But was the bed being used for its correct purpose Grampa? Knowing some students that is unlikely.

Bricklayer - would it be so bad if bed was not the same as others in the establishment? They are not part of a set all viewed together are they? IMO you could be displaying control freak tendencies here. I'd take up the mother's offer or better still take the money less 'reasonable wear and tear' from her or off the deposit.

Mortitia

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At least the Mother (assuming She is G'tor and it's something to do with her) isn't claiming the bed was sub standard.

Any replacement should be like for like, if a replacement doesn't match it's not.

But some of these beds are cr*p. My daughter in student accom had a pine bed, the type with cross lats under the mattress. At 70 kg one broke when I sat on it, if a couple more had gone the bed w/o structural support would twist as it wanted. I don't know what beds you are using but extra support might prevent future hassle ??

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I'm sure a students opinion of what is correct use for a bed varies greatly to ours. ;)

I would take a few snaps of the broken bed and just deduct the full cost from the deposit. You don't have to allow the mother to buy another one if it is different or even the same, you could just take the cost and not replace it it you choose to.

I see it the same as if a tenant trashed a property then moaned because the L/L kept the deposit even though the L/L was knocking the building down or selling it. The L/L is entitled to claim from the deposit and doesn't need to do the works or replace the items as long as professional quotes obtained and it is clear it is the tenants reponsilbitly. I think there is case law to back it up.

Wear and tear is always a tricky one and there are a number of grey areas. I guess, and this is my personal view that if an damaged item has a "normal" lifespan such as a carpets, paintwork, white goods etc there is a formula to use but if the damage happened within the first 6-12 months I would try to claim the full cost.

If it was damage to say a door, windows, garden turf internal fittings etc I would claim the replacement cost in full no matter what the age

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Some of these metal beds with the wooden base slats are absolute cr@p and break very easy without too much effort. I have personal experience of buying one of these beds from a major retailer (with a Greek sounding name) and I took it back after unboxing it because I could see it would not last five minutes.

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It's your property - you should expect like-for-like replacement for reasons you give.

What is the cost of a new like-for-like matching one?

Why not give the mother a choice: Either she pays you an acceptable cash settlement now towards your immediate replacement, or she buys her own for tenant to keep on departure and you settle your loss at end of tenancy. The latter avoids hassle of repeat damage.

Go for guarantee anyway - always worth a try!

But also: Does your tenancy have accidental damage insurance? Is your contents insured? Either of these might help you out.

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Can I attach pictures to this? The bed is steel frame (small double) with a central support rail and 3 legs below! The centre supports is twisted and in un-salvageable No warranty will cover damage, supposedly this was damaged during a attack by a boyfriend of the tennant, also had issues with smoking in the room and even found a plastic bag and headband over the smoke detector, the room is filthy, I'm not sure how she got all the dirt up there in two months, I have 11 tennants in three houses all left to get on with ther business that are good tennants, but upon speaking with the mother this is a daughter who came to my house to hide away from a problem boyfriend, lucky me!

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1337241105' post=19829]

But was the bed being used for its correct purpose Grampa? Knowing some students that is unlikely.

Bricklayer - would it be so bad if bed was not the same as others in the establishment? They are not part of a set all viewed together are they? IMO you could be displaying control freak tendencies here. I'd take up the mother's offer or better still take the money less 'reasonable wear and tear' from her or off the deposit.

Mortitia

Well I feel that after, say 4 years and several incidents that a house that is in top condition and all furniture uniform, will look like every other student house that is filled with random 2nd hand furniture from ebay and lessen my rental income or letting ability, the house lets first time every time currently, she has to buy a bed, so buy the right one, not hard is it?

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