Barlow
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Fair wear and tear?
Barlow replied to Kendall's topic in Residential and Commercial lettings/Freehold issues
What's even more difficult to figure out is where your lease does not grant you a "fair wear and tear exception". My lease provides that I should "Keep the interior of the Property (including but not limited to all doors windows skylights locks hinges bolts ceilings floors and water pipes) and all fixtures and fittings therein in the same good clean state and condition and repair as it as set out in the attached Schedule of Condition (damage by accidental fire or other risk insured against by the Landlord only excepted)". This would suggest I must bear the cost of fair wear and tear, even where the floor is obviously not doing its job, which seems unfair. Not sure about your point regarding whether or not the indentations would in fact constitute damage - even ordinary use of a fixture or piece of equipment may result in damage, and that would be so even if that fixture or equipment is defective. From what I have read, my case does not sound too promising for beacuse I do not have a fair wear and tear exception so it seems that the risk of any damage so caused shifts to me rather than the landlord. I understand that in the absence of an express covenant to the contrary, a fair wear and tear exception would be implied in favour of the tenant... so presumably the moral here is be very careful what you sign. -
Fair wear and tear?
Barlow replied to Kendall's topic in Residential and Commercial lettings/Freehold issues
Hi, a very similar situation has happened to me. My landlord is claiming 25% of the costs of replcing wood flooring because of high heels indentations throughout the flat. Unlike Kendall, there is a check in and out inventory, and it is clear that I have left the marks. It's difficult to find any guidance on this specific point on the net although I have read most of the guiding principles, i.e. you need to look at the quality of the supplied item and any extenuating circumstances. I am hoping to argue that if the wooden flooring cannot withstand shoe marks, then it is not suitable for laying out in a flat, and a tenant should not have to contribute to the cost of indendations done whilst using the flat in an ordinary way and tenantlike manner. To reiterate a point already made, surely, you are not expected to remove your shoes before you enter your flat? Is a tenant liable for this kind of damage or is it fair wear and tear? -
Claiming default charges whilst agreeing token repayments
Barlow replied to Barlow's topic in Welcome to the Consumer Forums
Thank you. I take it the two processes ares separate. -
Claiming default charges whilst agreeing token repayments
Barlow replied to Barlow's topic in Welcome to the Consumer Forums
If a still have an amount outstanding on my credit card, which I will not be able to pay for the foreseeable future (I am in the process of making token offers of repayment to my card company), can I still reclaim the default charges that have been added to my account over the years? Would they set off the refund against amounts I owe them? -
If a still have an amount outstanding on my credit card, which I will not be able to pay for the foreseeable future (I am in the process of making token offers of repayment to my card company), can I still reclaim the default charges that have been added to my account over the years? Would they set off the refund against amounts I owe them?
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