How to calculate dilapidations- Apportioning costs
If
it is deemed that there is damage to the rental property, there is a common
approach to calculating costs.
However, before determining
those costs to be attributed to the tenant, one should always adhere to the
following premise:
The landlord
should not end up, either financially or materially, in a better position than
he was at commencement of the tenancy, or than he would have been at the end of
the tenancy having allowed for fair wear and tear.
1)
Cleaning:
By far the most common complaint put to tenants regards the cleanliness of a
property.
The
tenant is expected to leave their rental property in the same condition that
they received it in. If the property had been professionally cleaned at the
commencement of the tenancy, then the tenant will be expected to have the
property cleaned to the same professional standard, including carpets being
shampooed and curtains being dry cleaned if applicable.
2)
Replacement
of damaged items beyond repair.
When
an item is damaged beyond repair, the tenant is liable for a proportion of the
cost of the replacement. There is a universally accepted formula to calculate
this principle, although before explaining this it is vital to outline some of the
components of this equation.
Life
expectancy of room decorations and various fixtures and fittings:
Decoration:
Hall,
landing, stairs between
2 to 3 years
Living
rooms approximately
4 years
Dining
rooms approximately
6 years
Kitchen
& bathrooms between
2 to 3 years
Bedrooms approximately
5 years
Carpets:
Budget
quality between
3 and 5 years
Medium
quality between
5 and 10 years
Top
quality up
to 20 years.
White
goods:
Washing
machines between
3 to 5 years
Cooker/
ovens/ hobs between
4 to 6 years
Fridges between
5 to 8 years
The formula in use:
If we take an example of a damaged
carpet that needs to be replaced given that it is beyond repair. The carpet is
of medium quality, in the hallway, and is about 2 years old.
(a)
|
Cost of similar replacement carpet
|
£600-00
|
(b)
|
Actual age of existing carpet
|
2 years
|
(c)
|
Average useful lifespan of that
type of carpet
|
5 years
|
(d)
|
Residual lifespan of carpet
calculated as (c)
less (b) =
|
3 years
|
(e)
|
Depreciation of value rate of
carpet calculated as (a)
divided by (c) =
|
£120 per
year
|
(f)
|
Reasonable apportionment cost to
tenant calculated as (d)
times (e) =
|
£360-00
|
3) Compensation for the reduction in value
of an item.
Again there are some generally
accepted rules for such items. It should be noted that these figures should be
used as a guide only and should not be applied to items that are ruined so that
they actually impact the rental value of the property.
A small to medium stain to a carpet
or mattress £15 - £35
each stain
A
small to medium scratch / chip to a work surface £10 - £25 each
Cigarette
burn to carpet or soft furnishing £20
each burn
4) Miscellaneous.
Wasps: if the nest was present on
the day of check in it is the landlords responsibility for pest control, if one
appears in the middle of a tenancy this would be the tenant’s responsibility.
Ants, slugs, mice: usually a tenant’s responsibility.
Rats: usually the responsibility of the landlord.
Squirrels: these cannot be exterminated during their breeding season, it is usually the landlords responsibility to arrange for specialist pest control.
Bees: See wasps. Swarms must be professionally removed by a bee-keeper as bees are protected.
Bats: these are a protected species and cannot be exterminated, they must be left in peace!
Moths: If present at commencement of
tenancy it is the landlords responsibility. If they appear during the tenancy,
this would be the tenant’s responsibility.
Finally
In the event of a dispute over the
return of deposit monies, remember that each deposit scheme has its own
independent adjudication process and like a court of law, is evidence based. An
adjudicator cannot ‘assume’ and can only make a decision based on the evidence
provided to them. A landlord cannot challenge an adjudication decision unless
it is done so in a Court of Law.
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