Blog: Damaged mattresses: Whose responsibility are they at the end of a tenancy?
There’s a frequent, albeit slightly unpleasant, question that landlords commonly ask at the end of tenancy: Whose responsibility is a damaged mattress and what’s considered fair wear and tear or damage?
The customer service team and adjudicators at Tenancy Deposit Scheme (TDS) deal with this particular question regularly and, whilst each case is unique, they have the following advice for landlords and their tenants:
What lies under the mattress at check-in?
It’s not just money that’s hidden under a mattress. Sometimes, there are less fortuitous surprises hiding beneath the sheets.
Quite often, stains or damage hidden on the underside of a mattress aren’t revealed until the mattress is turned or inspected. It is therefore essential that you, as the landlord, record the state of the bed, on all sides, at check-in.
A detailed check-in report should record the condition of the mattress at the start of the tenancy, clearly stating whether the mattress is free from damage and staining. Don’t leave out comments about the mattress if it is clean – you need to be able to compare the condition at check-out. An embedded photograph in the report would be useful to support the written notes.
It’s often the case that an inventory clerk inspects the top side of mattress only (they are too heavy for the underside to be inspected by one person) and this is usually explained within the check-in report itself and any disclaimer. Sometimes, it’s not possible for the mattress to be inspected at all as it has a mattress protector on it.
However, if both sides haven’t been inspected at check-in, or it’s clear that a mattress protector was fitted at the time of check-in, a later claim may be compromised. This is because the adjudicator is not able to exclude the possibility that the mattress was turned during the tenancy to reveal a stained underside, or that the mattress protector was hiding pre-existing damage.
What’s changed during tenancy?
The check-out report would similarly need to record the condition of the mattress at the end of the tenancy. Again, time and date stamped photographs are useful here as additional visual evidence.
If there is no issue or argument raised as to the underside not being inspected, the adjudicator will look to see if the condition has deteriorated during the tenancy between each report.
If the adjudicator is satisfied, on balance, that the mattress was free from stains at the start but stained at the end of the tenancy, they will examine the extent of the staining.
Replace or clean?
Often, landlords go straight for replacement as a remedy, when making good i.e. cleaning is actually the most appropriate course of action.
If the adjudicator views the stain as one that could be improved by cleaning, and it has not been attempted, it is likely an award would be made for cleaning. Professional mattress cleaning may also remove bacteria, odours and soiling.
Wear and tear or betterment?
It is important to note that replacement of an item as a remedy is only considered necessary where it is damaged so severely and extensively that its condition makes it unusable or uneconomic to repair or clean.
If replacement is justified, the adjudicator will need to be satisfied that cleaning has been attempted and failed, and that the staining is so extensive the criteria for replacement has been met.
The adjudicator must then also factor in fair wear and tear, the age, cost and quality of the mattress (which is often not known), its pre-tenancy condition, the length of the tenancy and the lifespan of mattresses. All these factors will impact the amount awarded.
As you can see, there’s no straight answer to the mattress question and no two disputes are the same. However, a detailed check-in and check-out report will support your case.
A mattress claim case study
In this real-life case study, the landlord claimed £277.29 for the replacement and disposal of a mattress, and for a replacement mattress protector.
The tenants accepted the deduction of £16.99 for a replacement mattress protector but disputed the landlord’s claim for the replacement mattress claiming the stain didn’t happen during their tenancy.
The check-in report detailed the mattress to be in good condition. The check-out photographs showed a stain and marks to the mattress.
From the evidence presented, and in the absence of any evidence that showed the tenants had discovered a stain on the mattress at the start of the tenancy, the adjudicator was satisfied that additional stains had been added to the mattress during the tenancy. The landlord was entitled to claim from the deposit.
However, an award for the replacement of an item is considered necessary only when its condition makes it unusable or uneconomic to repair or clean.
The evidence presented did not show this to be the case or support that the stains and marks could not have been removed with specialist cleaning. Furthermore, the adjudicator considered the stains and marks to affect the cosmetic appearance of the mattress but not its functionality. In the circumstances, the award of £40.00 for the cleaning of the mattress was awarded to the landlord.
The take-away
- Don’t get caught out by missed information or milestone events at the start and end of tenancy. By using The Depositary web app, critical reminders are sent and all parties can ensure they’ve checked and considered these important details when moving out.
- Property inventory software can help property professionals capture the right level of detail at checkin and check-out. The Dispute Service has a joint working relationship with Inventory Hive aligning their market leading paperless software with expert industry knowledge to better protect landlords and tenants. Learn more about Inventory Hive.
- Refer to case studies like the one above to prepare for eventualities. Disputes do still happen but can be avoided by taking precautions like mattress protectors. Visit the TDS Information Lounge for more case studies and guides on product lifespans.
- Before you make a dispute claim, use the TDS Dispute chatbot to check if the claim you are making or the evidence you have are both valid.
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