Landlord/Tenant dispute

[daniela]

I am renting out my flat, fully furnished. Bought a brand new matress 2 years ago for the tenant moving in. The tenant is now telling me he can feel some of the springs coming through and hurting him and would like a new one.

Who would be responsible to get a replacement? Thinking logically, I would assume he is as he is using it but I'm not sure hence my coming here. The flat is in Scotland.

Any help would be greatly appreciated, cheers.

[pink-kittens]

you

[boxtops]

If the mattress was there as part of the landlords fixtures and fittings, and on his inventory when he moved in, then I would say it's your responsibility. He's only responsible for replacing his own contents, surely?

[Cowtipper]

That's either a really cheap mattress or the tenant never flipped it.

[Postdog]

Just to add, I let a room out and replaced the mattress before the new lodger, and it was fine to lie on. However when he left 18 months later I tested the mattress and found it very uncomfortable by then, so newness doesn't necessarily mean it lasts.

[daniela]

Many thanks.

My assumption that he was responsible came from the fact that he could have done something to wreck the mattress intentionally. Also, the mattress cost a lot to begin with and isn't very old, and to have to replace it for a few springs seems excessive.

Alas, if I must do it then I shall. I may ask him to flip the mattress over first to see if he can work with that, ha.

[boxtops]

It would be the same if the springs had gone in the sofa - it's part of the funishings which you let him use.

[snags]

A good quality mattress 'that cost a lot' shouldn't be uncomfortable/have prominent springs after 2 years of normal use should it? I guess if you are happy with the tenant and don't want to go through the whole re-advertising the property thing, then replacing it is the easiest option...

[daniela]

Yes, exactly 'snags', a good mattress should still be fine after 2 years of normal use which makes me think something else has went on.

Anyway, I appreciate everyone's answers and what I will do is ask him to flip the mattress first; if he's done so already and it is still uncomfortable then I'll replace it like the good landlord that I am ;-)

[scotman]

Is it a single mattress? How much £? and what brand?

[starone]

You could buy a really cheap one. It doesn't have to be the same quality as the last one does it?

[Twenty20]

Before I spent a hundred or so quid on a decent new mattress I'd probably want to go and inspect the current one to see exactly what is the matter with it. If you don't do that you'll end up buying new stuff every time your tenant asks for it.

If it comes down to fair wear and tear then you should replace it. If it looks like the tenant has damaged it somehow then it would be up to the tenant to replace.

A decent mattress should last more than a couple of years anyway, so I'd definitely go and have a look.

[joko]

you could buy him a mattress topper

i have had my bed about 10 years and its a bit lumpy but not that bad...not an expensive one either...hes probably just being fussy

[cazzz1975]

I agree with twenty20 here, inspect the mattress, if the damage is due to wear and tear then fair enough, replace it, if it has been damaged then the tenant should pay to replace it.

[TonyV]

daniela - difficult one to call if you let flat fully furnished - but any mattress if not turned over and diagonally from time to time will wear out quickly.

[IggyB]

i agree with Joko - send the tenant a mattress topper and let them they need to flip the mattress every few months.

[cassa333]

If it was a desent matress it should last longer than 2 years. Min 5yrs poss 10yrs!!! Is he a big chap?

Find out from the manufactorer how long it should last. Failing that go to a bed store and ask them. If it was a dirt cheep one then you will have to get a new one every couple of years. If it was an expencive one then tell your tenant you will change it only when it is due. IE 5 yrs time.

When his tenancy is up reassess his tenancy agreement and take it out of the equation