View on flooring clauses in a tenancy?

View on flooring clauses in a tenancy?

9:31 AM, 23rd August 2021, About 2 months ago 22

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Hi, I have just been having a discussion with my wife regarding costs and tenancy agreements, and I am curious about what other landlords do. I have just completed inspections on my portfolio and one of my tenants has just asked for new carpets on the hall, stairs, landing and 2 bedrooms.

As we all know margins are minimal with selective licensing, EICR, gas Certs, insurance, mortgage costs and tax etc. I am keen to know if landlords take the stance of adding a clause in tenancy like council houses that exclude flooring for landlord responsibilities. Any views would be welcome.

The carpets they want to replace are about 6years old and from a new build that has foam underlay under, so they are good carpets and were only in the new build for a week as it was originally a friend’s new house.

It also is typical as I have just advised tenants of a rent increase before inspections.

Thanks

Andrew



Comments

by Andy

13:44 PM, 24th August 2021, About 2 months ago

Reply to the comment left by DSR at 24/08/2021 - 13:02
I have a 50/50 split of professionals vs uc

I think it would have to be a judgement if the issue was wear and tear

I’m sure you can add in a clause as you wish as long as tenants are aware of any changes to the original tenancy

Obviously it’s then would they sign it or just refuse

I renew tenancies yearly so will be adding this year and blanket post amendment letters to advise of the change

I would say anyone worried or who doesn’t look after property will object

by DSR

16:04 PM, 24th August 2021, About 2 months ago

Reply to the comment left by Andy at 24/08/2021 - 13:44
ok your reply raises more questions from me I'm afraid! ;)..

You mean you update your draft tenancy agreement each year with clauses for things you thing you need to add in, or do you mean your actually amend ALL your tenancies each years?
I thought it was a right nightmare to amend an existing tenancy - not as simple as just writing to your tenant to say I'm going to add in ' XYZ' clause surely?

by Andy

16:22 PM, 24th August 2021, About 2 months ago

Reply to the comment left by DSR at 24/08/2021 - 16:04
Sorry I meant I renew contracts each year as most change rent by a small increase

I’ve never updated any terms previously so hence question

I’m ok writing it but it’s more can of wording right and if people do it in theirs

My original contract template I’ve used for 20years so covers most requirements but costs of flooring I’m thinking may need amending for first time to help save money in long run

I will never let my properties go into a bad state as am accredited but it’s setting the expectations I suppose

by Lorraine Mansfield

7:51 AM, 28th August 2021, About 2 months ago

I think if shoes are worn on a carpet they will get dirty, i make everyone wear blue over shoes when viewing and leave them plenty of new one's when the tenancy begins. I find they appreciate it and look after them.

by David Judd

7:59 AM, 28th August 2021, About 2 months ago

You can add any clause into a contract, whether the tenant will accept it is another thing. What happens if new carpets are installed (at tenants expense) then you boot them out after 1 year? You get the benefit of 1 year old carpets in your flat. I agree with the above, the rent increase has triggered this request. Either clean the carpets or replace them.

by Jessie Jones

8:16 AM, 28th August 2021, About 2 months ago

I don't have any such clause in my contracts and don't intend to start.
A tenant might want to argue that carpets were in place at the start of the tenancy and therefore form part of the contract, but they are free to end the contract at the end of the fixed term.
I guess that it gets down to how much you want to keep the tenant. Those who look after the property and pay their rent on time are gold dust, and I would replace carpets when necessary to keep them. But a tenant who expects 5 carpets to be replaced after 6 years doesn't sound like a tenant I would want to keep.

I hope for guidance from the NRLA once the replacement to the Section 21 eviction rules have been established. If landlords can no longer evict tenants except in specific circumstances, then the detail around things like carpets will become far more important. A tenant might well be able to claim for 'constructive eviction' if they can argue that a landlord allowed a property to become to get into a poor decorative state. It will become another win-win situation for lawyers !

by lips24x

8:41 AM, 28th August 2021, About 2 months ago

I have read the replies to this question with some surprise due to the wide variety of answers. My view would be based on the condition of the carpets and how long the tenants have been in the property.
The request for new carpets has no doubt been prompted by the rent increase. I have previously been asked to replace a kitchen and bathroom when a £40 increase in rent was advised. I politely declined.
The carpet issue needs to be reviewed as follows:
* Are the carpets in good condition (not threadbare) and safe for purpose (not loose or torn) Yes - move to next question / No - replace at your cost
* If the carpets are dirty, were they clean at the start of the tenancy? Clean at start - No replacement or clean / Dirty at start - Clean at your cost
As a landlord you need to maintain ,not improve the property.
If the carpets are fine invite the tenants to replace the carpets at their cost. The tenants may find the current carpets are still serviceable and you will be unlikely to receive further requests over and above maintenance issues in the future.

by Paul Shears

11:29 AM, 28th August 2021, About 2 months ago

Reply to the comment left by David at 28/08/2021 - 08:41"I have previously been asked to replace a kitchen and bathroom when a £40 increase in rent was advised."
Assuming there is only one bathroom, how is this to be accomplished with tenants in situ?
I previously offered to replace a bathroom at a cost of £9,000 over a period of three weeks. (Partial limited use would be available during much of this time). The tenants accepted my offer and informed me that they could used the local gym. (There was a second toilet and sink that they could use).
One of them then decided immediately prior to order the order the new bathroom materials, they this was too much of an inconvenience!
So the whole thing was cancelled by the tenants.

by Nick Price

12:56 PM, 28th August 2021, About 2 months ago

I would never change carpets except occasionally between tenancies. In fact, l have a clause that tenants must have the carpets professionally cleaned at the end of the contract. If they do, new tenants have clean carpets, if they don't money is taken off the deposit and l have the carpets cleaned. New tenants this move in to freshly cleaned carpets.

by reader

14:04 PM, 29th August 2021, About 2 months ago

Change of carpets are a headache. The deposit protection schemes seem to be of the opinion that they are only for the life of the tenancy or a short duration. Safey first is the important consideration. But when combined with the deposit schemes aproach, the only profitable approach is to provide low quality items and dispose of them, but of course that might not attract the right sort of tenants. Laminate flooring in the right situation properly insulated might be the answer or varrnised traditional floor boards.


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