Dispute case study - replacement mattresses

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?

1. 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.
2. 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
3. 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
4. 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.

How can you avoid this happening in future?

• Tenants are responsible for going through the check-in report and reporting any differences they find, to the landlord or agent, as soon as possible
• It is also good practice for tenants to take dated photographs of any differences which can be sent at the same as the written response
• Providing tenants with mattress protectors, which are inexpensive, can prevent a lot of the damage, time and cost at the end of the tenancy
• Where the nature of any marks or stains is not excessive, cleaning may be considered the reasonable first option to minimise the potential loss to the tenant. Contractors reports are helpful here, particularly if the cleaning attempt is unsuccessful
• Replacement costs can be claimed but the extent of the damage must be considered when deciding what remedy is the most appropriate. If the most reasonable action is taken, it is more than likely the parties will discuss and agree a settlement, avoiding a formal dispute
• It is important when deciding what to claim, that consideration is given to the condition of an item at the start of the tenancy and fair wear and tear during the time the tenant lived in the property. No claim should put a landlord in a better position than at the start of the tenancy, which is also referred to as betterment

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 claim for deductions from deposits. Our complete guide to fair wear and tear will help you understand what it is and how it is applied.