View Full Version : tenants replacing items them removing them

13-12-2011, 22:09 PM
Would a clause in an AST stand up ie be a fair one if it mentioned that any fixtures they replace/change become the property of the landlord. Such as them replacing all the carpets but have said they will replace them for old ones after including putting back laminate flooring etc.

13-12-2011, 22:35 PM
Landlord is not entitled to 'betterment' so I would guess not - so long as carpets etc are not replaced with worse condition than those supplied. Make sure the inventory is very thorough with regard to age and standard of such things.

14-12-2011, 00:21 AM
Perhaps OP can explain what LL property has been removed and replaced with what? Did Ts seek prior LL permission? Did LL agree prior to change?

14-12-2011, 16:28 PM
Yes it was just that tenants have made nice place look even better but mentioned in passing that they were going to put the old carpets etc back afterwards which would be a shame

Darth Wookie
14-12-2011, 16:37 PM
If you agree that the property has been improved by the tenants, it is appropriate that the LL make a contribution to these improvements. You are not obliged to pay the full cost of the improvements as the tenants have chasen to do them, and gained material benefit from them, however they are improvements none the less.
Deduct the normal rate of fair wear and tear from the improvements. i.e. 20%pa for carpets, 33%pa for decorating etc.

15-12-2011, 08:54 AM
I'm going to suggest that your T is massively hinting that they would like a contribution from you for the improvements.

I've done improvements to rental properties on the understanding that it becomes part of the property and left there. To suggest storing the old items to put them back is frankly absurd unless you have a heated garage space (a carpet left in cold garage would degrade imo and not be appropriate to put back anyway).

I find a better negotiation would be to agree not to raise the rent on their next contract.

15-12-2011, 17:20 PM
You are not losing out if they replace our carpets back, only gaining, so tell them that you are fine with them removing and replacing the catpet and laminate.

It would be fun to see them putting back old carpet and laminate after taking it up and storing it for a considerable time.