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Wear and tear

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  • 23-07-2014 10:36am
    #1
    strawbie
    Registered Users Posts: 3 ✭


    Hi,

    I have a question regarding a normal wear and tear.
    There are so called stress rips on the leather alike sofa (its definitely not a real leather), will this be classified as normal wear and tear or will it be deducted from my deposit at the end of the lease?
    My subtenant who is moving out by the end of this month is responsible for those rips and since the deposit on the apartment is fully mine I'm wondering will I be charged for those rips at the end of my lease?
    I want to add that I lived there for a year and the sofa was perfect but since he moved in it now has the rips.

    Thanks,


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    #2
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    I assume you did not get a deposit from your sub-letter? Does the landlord even know you have a sub-letter? Yes you are responsible for damage as you are on the lease and it's your deposit.


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    #3
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    strawbie wrote: »
    Hi,

    I have a question regarding a normal wear and tear.
    There are so called stress rips on the leather alike sofa (its definitely not a real leather), will this be classified as normal wear and tear or will it be deducted from my deposit at the end of the lease?
    My subtenant who is moving out by the end of this month is responsible for those rips and since the deposit on the apartment is fully mine I'm wondering will I be charged for those rips at the end of my lease?
    I want to add that I lived there for a year and the sofa was perfect but since he moved in it now has the rips.

    Thanks,

    Are you in a big apartment complex by any chance? I've had a very similar experience and was fully expecting the cost of re-covering the sofa to be taken from my deposit when leaving. When I was showing the estate agent around I showed it to her and she said it was no problem, that all those couches get like that after a couple of years and she'd have it swapped out after I leave.

    She even said I would have gotten new one in for free if I had just rang up and said it was getting bad. True to her word I got my deposit back in full a few weeks after moving out.

    Do you know if the subletter used it abnormally to cause excessive wear and tear? If not then I don't think you'll get charged for a full replacement.


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    #4
    strawbie
    Registered Users Posts: 3 ✭strawbie


    Michael D Not Higgins: the agency knows I've a subtenant - its all legal!

    Eldarion: it is a big apartment building managed by a big Property Agency.
    I just wanna know if i'll be charged whenever i'll be moving out so I can collect the money for it from the subtenant before he's gone.
    The subtenant is using the sitting room everyday for the past 5 months - sitting or lying on the couch and my guess is the rips are from the back of his trousers/jeans.

    thanks


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    #5
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    strawbie wrote: »
    Michael D Not Higgins: the agency knows I've a subtenant - its all legal!

    Eldarion: it is a big apartment building managed by a big Property Agency.
    I just wanna know if i'll be charged whenever i'll be moving out so I can collect the money for it from the subtenant before he's gone.
    The subtenant is using the sitting room everyday for the past 5 months - sitting or lying on the couch and my guess is the rips are from the back of his trousers/jeans.

    thanks

    If it's similar to Eldarion's case, I'd contact the agency with photos of the damage and ask their opinion before the subtenant moves out. Then it's their issue.


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    #6
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    strawbie wrote: »
    Michael D Not Higgins: the agency knows I've a subtenant - its all legal!

    Eldarion: it is a big apartment building managed by a big Property Agency.
    I just wanna know if i'll be charged whenever i'll be moving out so I can collect the money for it from the subtenant before he's gone.
    The subtenant is using the sitting room everyday for the past 5 months - sitting or lying on the couch and my guess is the rips are from the back of his trousers/jeans.

    thanks

    Every situation is unique but I would be surprised if they tried to land you with a full cost of replacement here.

    If you plan on staying for undefined amount of time after your subletter leaves then really the only thing you can do is ring up and talk to the agent before the subletter leaves. Take a few pictures and send them on. Ask the agent will this be deducted from deposit or would it be considered normal wear and tear. If the agent says it's a deduction say then you'd like it replaced or repaired now so that you can recover the expense from your subletter. If like you say this is all above board then they should understand the situation and should not have an issue with this.

    Realistically though if it's a big complex with a big agency I'd expect them to just send you up another couch from storage, scrap the old one and just avoid getting tied up with expenses, deposits or deductions.


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    #7
    strawbie
    Registered Users Posts: 3 ✭strawbie


    thanks, this is exactly what i'm gonna do I just hope that the agency wont see this is an opportunity to charge me for it thinking im naïve or scared etc...


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    #8
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    strawbie wrote: »
    Hi,

    I have a question regarding a normal wear and tear.
    There are so called stress rips on the leather alike sofa (its definitely not a real leather), will this be classified as normal wear and tear or will it be deducted from my deposit at the end of the lease?
    My subtenant who is moving out by the end of this month is responsible for those rips and since the deposit on the apartment is fully mine I'm wondering will I be charged for those rips at the end of my lease?
    I want to add that I lived there for a year and the sofa was perfect but since he moved in it now has the rips.

    Thanks,

    To be honest- lets look at the facts.
    You moved in- the sofa 'was perfect'
    You got a 'subtenant' (sounds like someone living with you under licence?)
    They have torn the sofa
    They are now leaving
    You asked for no deposit from them

    Am I understanding correctly?

    If the above is the case- I genuinely cannot fathom- why you'd imagine that the damage wouldn't come out of the deposit?

    Talk to the agent by all means- however, you are the tenant- the damage occurred on your watch- it wasn't caused by you, it was caused by your 'sub-tenant' (whatever that is).

    I cannot see why it wouldn't be deducted from the deposit held for the apartment. Whether you get it back or not from the person who caused the damage- is between you and he/she- by rights you should have taken a deposit from them to cover the damage.

    You can try arguing it with the agent or the landlord- but I genuinely don't comprehend how/why you imagine you're not liable.

    Ps- when leather splits- it can look like some sort of composite material- I could show you the sofa in our living room- its in the same boat. It is leather though.

    Even if its not leather- if it was in good condition (you said it was 'perfect' when you moved in)- if you're returning it ripped/torn- how do you make out that this is normal wear and tear?


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