Tenant have got rid of bed!!!

[blue_eyes777]

Hi all!

My tenants has just emailed me and said this...

"We had to get rid of one of your beds as the girls were complaining of a strange smell from it. We think it was a musky damp smell but it was really bad."

They have kids. Beds dont suddenly smell ! Not unless they have got damp on them and have been wet! Also, they are keeping cats!

Can they do this

Also, I will need to replace this bed upon possession.
Can i buy another one and claim for it under the deposit held under TDS.
Dont want to sound mean and scrooge like but they could have told me first!!!

[MrShed]

Was the bed listed in the inventory? How old and what was the condition of the bed?

[blue_eyes777]

Yes. it is under inventory.

well there are 2 beds in the property and she hasnt told me which one!
One is like 5 years old and cost over 1000 pounds, another is a cheapy 100 bed fairly new.
I sound petty dont I

[Lula]

why would you presume that the kids or cats will have made thiss bed smelly?

[blue_eyes777]

OK...this is veering away from the point somewhat. A newish bed doesnt suddenly become smelly so it is likely an outside agent is responsible.
The point is... can I claim or not

[Lula]

Well, I would ask her which one she has gotten rid of first and what she thought was causing the smell

[Lula]

i would also ask what she intends to replace it with, it would be better to try and sort this out between yourselves that resorting to legal action, that should only really be used as a last resort

[MrShed]

YES you can claim for your actual financial loss. This means that you can charge for a "like for like" replacement(i.e. you cannot claim £1000 if it is bed one, as it is several years old so you need to charge the appropriate second hand value of the bed).

but also agree with Lula, much better to sort it out between you first.

[blue_eyes777]

Oh dear...the tenant has confirmed it is my 1000 bed that she has thrown away the mattress to. She offered to get another mattress and I said that was fine but that I would like an input into it because it was a special one for my bad back.

She then replied...You know what forget it I am just going to move when the contract is up on the 24th of September I cannot deal with your e-mails and you as a person in general and your mattress did smell really bad from some sort of musty smell our kids do not lie. Myself and Colm smelt it as did my friend. Its not worth it to ask you for anything I'd rather just move out. Please do not e-mail me again go through the agency from now on.

Good Luck


So, no need for notice!!!
However...I havent got a receipt for my bed*am trying to get another from the store. Do I buy a another one and deduct from deposit?

Also, I have been overseas and have made NO inspection visits and not bothered the tenants at all!!!

What would be the appropriate value???

[MrShed]

2 seperate threads - I've replied on your other one.

[tokyodrifter]

Sheesh! Sounds very unfair of the tenant!

They should have spoken to you if they had a problem with the bed, not just dumped it!


I can't help but suspect that they ruined the mattress somehow and then came up with this 'oh it was smelly' story in an effort to avoid taking responsibility for it

Since the mattress was on the inventory and has now disappeared, without any consultation or agreement from you, I'd say it's a clear cut case for deducting from the deposit. Bearing in mind I'm not a clever lawyer type, just my idea of common sense!

[MrShed]

See his other thread Tokyo

For the sake of completeness, will give the same answer here - the OP is entitled to deduct for a "like for like" replacement. As the mattress was around 8-10 years old, I suggested its max worth now is about £150.