Who is responsible for the floor substrate? Tenant or landlord?

[benedwar]

I'm living on the 2nd floor of a flat and the chipboard flooring under the carpet in my bedroom is starting to give way. The carpet has a number of indentations between the joists where the chipboard has gone soft.

The problem is, I am quite overweight at 155kg and the owner is blaming me for the damage to the floor and is wanting me to assist in paying towards the floor to being replaced. I have been here 6 months and I have never jumped up and down in the room. I've never danced in the room. Never spilt liquid on the floor or left a window open to let rain in.

The house was built in 1988 and my understanding is that the chipboard flooring that was used at that time was rated to 400kg, so my weight of 155kg should not be a problem.

Does anyone out there think I should be paying for these repairs?

[Keys]

Unless you have put on weight in a dangerous way in the last 6 months I would say that the landlord took you on as you are. Also, it is fair wear and tear. That sort of weight should not be an issue to a floor in sound condition.

Consider the weight being placed on each of the legs of a dining chair. Far greater than what is on the soles of your feet.

[erinak]

Your landlord is "trying it on" of course! Chipboard is just that - it "chips" off over time and its understandable over a period of 30 years wear, so of course its going to break down.

The owner needs to get real and be realistic. Just "stand your ground". Its just wear and tear.

[heugumper]

My money is on the owner, definitely.

BTW, we recently had a tenant complain that the seemed to be no support under a small area of carpet. A quick look under the house revealed that a sofa leg had punched through the chipboard, but only because it was weakened by borer (if only those critters had just held hands). I removed the a section, larger than the damaged area, from below and all is well. But it has left me wondering if I need to get the subfloor treated.

[erinak]

Sorry, so you say your money is on the owner.

Please clarify:
To pay for wear and tear?
Or that they have rights to ask the tenant to help with the repair?

[heugumper]

I see it as wear and tear, sorry if that wasn't clear.

[donna]

From your account, I think it's the Landlord's responsibility.

cheers,

Donna

[SPerfect]

No you shouldn't pay! its an old floor and landlords responsibility

No you shouldn't pay! its an old floor and landlords responsibility

I'm living on the 2nd floor of a flat and the chipboard flooring under the carpet in my bedroom is starting to give way. The carpet has a number of indentations between the joists where the chipboard has gone soft.

The problem is, I am quite overweight at 155kg and the owner is blaming me for the damage to the floor and is wanting me to assist in paying towards the floor to being replaced. I have been here 6 months and I have never jumped up and down in the room. I've never danced in the room. Never spilt liquid on the floor or left a window open to let rain in.

The house was built in 1988 and my understanding is that the chipboard flooring that was used at that time was rated to 400kg, so my weight of 155kg should not be a problem.

Does anyone out there think I should be paying for these repairs?

[Meehole]

I'm living on the 2nd floor of a flat and the chipboard flooring under the carpet in my bedroom is starting to give way. The carpet has a number of indentations between the joists where the chipboard has gone soft.

The problem is, I am quite overweight at 155kg and the owner is blaming me for the damage to the floor and is wanting me to assist in paying towards the floor to being replaced. I have been here 6 months and I have never jumped up and down in the room. I've never danced in the room. Never spilt liquid on the floor or left a window open to let rain in.

The house was built in 1988 and my understanding is that the chipboard flooring that was used at that time was rated to 400kg, so my weight of 155kg should not be a problem.

Does anyone out there think I should be paying for these repairs?

No you shouldn't have to pay. It's actually a safety issue and your landlord has a responsibility to repair the floor. The chipboard could have gone soft through the carpet being damp over the years, who knows what may have contributed to it. Send him a letter outlining the issue, that the timber flooring/chipboard feels soft and unstable and give him 14 days to rectify. If he doesn't then lodge a claim with the TT.

[flyernzl]

Could be dampness.
If chipboard gets at all wet it fails really quickly, and prolonged dampness will have the same effect.

[Wayne]

That 155kg is spread over quite an area - your feet.
Unless you are wearing stiletto heels it is extreamly unlikely that you are the cause of the damage.

[erinak]

Yep lol Wayne. Landlord is pushing his boundaries to the ridiculous.

[jimO]

what part of the world is the landlord from?

[McDuck]

Hello.
My daughter borrowed my car and
backed into low wall at the supermarket.
the bumper is dented.
I have a rental property in Wellington.
Is my tenant responsible for this damage?

[PC]

Hello.
My daughter borrowed my car and
backed into low wall at the supermarket.
the bumper is dented.
I have a rental property in Wellington.
Is my tenant responsible for this damage?

Only you the evil landlord making a living providing a service to poor customer tenants is responsible.
Obviously!