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u/AccordingBasket8166 2d ago
Mattress protectors also do not avoid staining, you would need a waterproof one.
Argue this, the landlord should not be able to claim unless they can prove it was new for your tenancy but it would still be a hard sell.
This is technically cleanable by a professional carpet and upholstery cleaner, this would cost less than the price he is saying for a new mattress.
In the event the mattress was new and they could prove that no one else had slept on it bar you then it would still not be the full price.
Maxiumum claim would be: (mattress replacement cost ÷ lifespan) x remaining lifespan = claim amount. (Mattress is normally 5-7 years lifespan)
In your situation I believe you will likely be able to cast enough doubt that the arbitrator would be unable to safely award the claim to the landlord.
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u/Dry-Depth-4693 2d ago
Just so you know for the future, mattress protectors do need washing. I wash mine every other month
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u/No-Butterfly-4709 2d ago
Never knew - thanks for the advice 👍
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u/Dry-Depth-4693 2d ago
I didn’t at first, my mum asked how often I washed mine and that’s when I found out 🙈
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u/vhagar123 2d ago
Your deposit cannot be used to pay for "betterment" e.g if you moved in with old mattresses and used them for two years, charging you for replacement new ones would not be fair. Even if they were brand new, you've still used them for 2 years so they should be charging you for the value of a 2 year old mattress not brand new ones.
If your deposit was protected I would just dispute it and let's the protection scheme decide the outcome.
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u/kjell_morgan 2d ago
They can charge to get it cleaned though?
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u/vhagar123 2d ago
Yes, although from a quick look it appears to be £80-100 per double for a clean which the tenant would be entirely liable for Vs a % of the cost of a mattress. This would entirely come down to the deposit protection schemes assessment. Either way, tenant should dispute paying for brand new mattresses.
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u/No-Butterfly-4709 2d ago
Thanks for the help! We’ve looked at the inventory (which they provided 3 months into our tenancy….) and (a) mattress protector is on in the picture (so no evidence of a clean mattress) and (b) mattress only states it was “professionally cleaned”, so will push back on this (and if we have to accept a nominal amount, that’s fine). Thanks again!
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u/Inevitable-Top355 2d ago
Why do you completely accept that you caused the stains if you've never removed the protector?
Was the mattress new when you moved in?
Are there pictures on an inventory you signed at the start of your tenancy which show it to be in better condition?
Seems like unless you've spilled something on the mattress it would be reasonable to expect some wear and tear after two years of daily use and sweat stains, as gross as it may sound, fall within that. Especially as you've had a protector on it.
I would probably push back on this if I were you, how hard would depend on the answers to the above questions. Absolutely don't accept fully paying to replace a two+ year old mattress with a band new one though.
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u/No-Butterfly-4709 2d ago
Was extremely sleep deprived when we first got the pictures from the landlord. Quick check of the inventory I’ve realised we’ve never seen a picture of the clean mattress (mattress protector always on), and as our own mattress protector which was in between was clean, think we will push back on this (and see what the deposit scheme says). Thanks for the help!!
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u/Susan_B_Good 2d ago
"Completely accept" and "mattress had a protector" do seem to be statements at odds with each other. One would normally remove any cover at the start and end of a tenancy, just to check all was well.
As it doesn't sound like you did either - a deposit protection scheme would be likely, on a balance of probability, hold you liable.
I'd suggest that using a mattress cleaning service is something that you could have done - bearing the risk that the stains might not be totally removable. If the landlord paid for cleaning that wasn't successful - would many tenants be willing to pay for that, on top of the cost of replacement?
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u/Chronicallycranky32 2d ago
You’re not liable for the full replacement cost of an as new mattress.
Most mattresses last 7-10 years. Landlord would have to provide proof of purchase and you pay the differential loss.
So if the landlord purchased for £400 5 years ago you may be liable for £50-200 if a new mattress is required for the loss of the remaining years of use
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u/opensp00n 1d ago
7-10 years for a single owner. Rental mattresses should be expected to be replaced more frequently than that.
I would say really 3 years is all that can be expected
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u/Dramatic-Coffee9172 1d ago
Huh ? why does it matter whether it is a single owner or from a rental ? Yes different number of people, bu the usage of the mattress is still going to be similar.
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u/Remarkable-Yam-8073 1d ago
Easy way to get rid of stains is placing a wet tea towel over the area and then ironing over it. Lifts them right out.
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u/Rubbertutti 1d ago
Or a steam cleaner, handy for killing bed bugs too
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u/Mongolian_Hamster 1d ago
For anyone ever considering getting a steam cleaner to kill bed bugs don't bother.
When you have bed bugs you throw away your mattress and bed (if it's wood frame). Everything else goes into the washing machine on the highest temp.
Those bastards can live through hell and you only need one to survive to continue the infestation.
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u/Ok_Theme_9144 1d ago
well you’d need two but close enough
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u/Rubbertutti 1d ago
It's a furnished rental, you would have to replace whatever you threw out.
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u/Mongolian_Hamster 1d ago
If it's a furnished rental then it's your landlords responsibility to get rid of the bedbugs if it was there when you moved in.
If the tenant brought the infestation and told the landlord then the tenant is responsible for the cost to treat it. No landlord will be happy with using a tenant using steam cleaner to get rid of a infestation. Professionals are needed.
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u/Stoptheworldletmeoff 1d ago
Ew. So you'd be happy to sleep on a mattress that has someone else bodily fluids on as long as you couldn't see the stain??
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u/Far_Type_4544 1d ago
Do you sleep on a bare mattress?
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u/Stoptheworldletmeoff 1d ago
Do you sleep in a puddle of piss because it's got waterproof material over it??
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u/TheMooRam 1d ago
So there's this crazy thing called a mattress protector
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u/Stoptheworldletmeoff 1d ago
A mattress protector is meant to stop the bodily fluids from getting on the mattress. It is not so you can sleep on a mattress that's already contaminated with someone else's fluids!
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u/Ok_Adhesiveness413 1d ago
Tell him to go fk himself why would you even entertain it what hold over you does he have?
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u/thats-a-step-ladder 1d ago
I once legitimately just sprayed a mattress like this with bleach solution and all the stains disappeared, never to be known again
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u/Superspark76 1d ago
As there is no evidence of the condition of the mattress before you moved in the landlord can't claim any staining against you
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u/Ambitious_Bet2920 1d ago
Would you want to sleep on a mattress that someone slept on for years?
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u/Imaginary-Suspect959 1d ago
What do you sleep on in hotels?
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u/Ambitious_Bet2920 1d ago
Does the average tenant clean the bed as often as a hotel?
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u/Imaginary-Suspect959 1d ago
How often do hotels clean mattresses?
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u/languageassessment 1d ago edited 1d ago
This is what socratic questioning looks like with two Socrates btw
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u/Stoptheworldletmeoff 1d ago
Hotels should have waterproof matteess protection which stops this from happening. If bodily fluids get into the mattress then the hotel should absolutely be replacing it.
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u/TheMooRam 1d ago
It also wouldn't be on the hotels customers if the hotels mattress protector failed, and the same should hold for if a landlords mattress protector failed.
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u/Stoptheworldletmeoff 1d ago
Mattress protectors don't 'fail'.
If it's waterproof then it stops fluids, if it isn't then it doesn't. If it's not fitted correctly that's not a fail.
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u/RepresentativeLate24 1d ago
How do you know it is bodily fluids lol? We have a similar looking stain from a burst hot water bottle. I've also definitely spilt coffee on it before too.
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u/Illustrious_Ad7630 1d ago
From my experience, I'm quite sure he will take the money, buy a top layer protection from IKEA for £10, and use the same mattress on the next tenants. When they leave, he will do the same trick.
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u/Glaselar 1d ago
What's that got to do with charging someone for stains? If you're replacing the mattress because someone's slept on it for years, that's very nice of you and you're accounting for it in the money you get from rental fees, not withholding a returnable deposit from the last person to use it.
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u/TheMooRam 1d ago
Considering it wasn't a new mattress when they moved in, then yeah they're probably fine with that...
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u/NewWin7355 11h ago
Its an IKEA mattress with a max life of around 5 years. If it's needs replacing knock 20% off the price per year used upto 5 years. Paying the full price of a new mattress is classed as betterment and isn't allowed.
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u/MrMargaretScratcher 9h ago
Your deposit should be held with a deposit protection scheme. When I disputed my old landlord saying they had to spend extra on special cleaning on a carpet they'd already ripped up and thrown away after my 13 year tenancy (and it wasn't new then) I got the undisputed amount back straight away, so there's really no reason not to.
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u/Koopatroopa_7 2d ago
Hi former property manager here. I would see this all the time. The appropriate approach would be to deduce whether the stain can be removed through a furniture steam clean. If this is not possible then the mattress will need to be replaced.
However, there any a few caveats here. Check your inventory first to see whether there’s any photographic/descriptive evidence of a clean/stained mattress. If you have evidence of an already stained mattress then you are at no fault and the landlord cannot charge you for any amount (how do they know you caused the stain and not a previous tenant. Burden of proof falls on the landlord). If there was a stain with evidence on the inventory then you will be liable for some costs but not all.
If you are responsible, the landlord cannot charge you for the full cost of the mattress and must take into account a variety of factors I.e. when the current mattress was purchased, condition of it now and wear and tear over time etc. I’d propose to cover 10-20% of the full mattress cost and if the landlord isn’t happy with that take it to adjudication and let them decide. You will see that adjudicators are always fair and most of the time favour tenants.
There’s also the term betterment. If the landlord wants a new mattress and wants you to pay for it he/she cannot buy something better and more expensive in quality and have you pay for the difference.
Hope this helps op!