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  • FIRST POST
    • WillPS
    • By WillPS 7th Jul 17, 12:15 AM
    • 201Posts
    • 90Thanks
    WillPS
    Landlord wants to deduct from deposit to replace knackered carpet
    • #1
    • 7th Jul 17, 12:15 AM
    Landlord wants to deduct from deposit to replace knackered carpet 7th Jul 17 at 12:15 AM
    Long story short:
    >Viewed property in June 2011, was told living room carpet would be replaced, requested that the carpet stayed (preferred it to hardfloor even if it was tired)
    >Moved in July 2011
    >Moving out this month, carpet is now knackered, to the point where making it look clean is actually quite difficult.

    Landlord is claiming that we have damaged the carpet and will need to pay for a replacement. The carpet is 12 years old. He says we need to pay for a replacement because it has been soiled by an animal (which is true - there are a couple of small dark patches left by a small animal we looked after, unauthorised). We have offered to clean the carpet (as much as we can clean a cheap 12 year old carpet) but he says it will be replaced regardless - surprise surprise.

    I think it's unreasonable to ask us to pay for the replacement of a carpet that would have been replaced if I hadn't specifically requested it wasn't 6 years ago.

    Deposit is with a DPS. Where do I stand legally?
Page 1
    • marliepanda
    • By marliepanda 7th Jul 17, 12:22 AM
    • 4,677 Posts
    • 9,385 Thanks
    marliepanda
    • #2
    • 7th Jul 17, 12:22 AM
    • #2
    • 7th Jul 17, 12:22 AM
    He has no chance. Dispute it
    Survey Earnings 2017 - £163
    • LadyGMadameToThee
    • By LadyGMadameToThee 7th Jul 17, 12:41 AM
    • 52 Posts
    • 46 Thanks
    LadyGMadameToThee
    • #3
    • 7th Jul 17, 12:41 AM
    • #3
    • 7th Jul 17, 12:41 AM
    The key word here is 'betterment'. Landlords are not allowed to use your money to buy brand new items to replace ones which are worn out through 'fair wear & tear'.
    Did you sign a photographed inventory when you moved into the property. Do you have an email or pr copies of any correspondence with the landlord when you first moved into the property?
    Lady G


    Life is too short to be serious all of the time. So, if you can't laugh at yourself, call me - and I'll laugh at you!
    • FBaby
    • By FBaby 7th Jul 17, 5:39 AM
    • 15,822 Posts
    • 39,538 Thanks
    FBaby
    • #4
    • 7th Jul 17, 5:39 AM
    • #4
    • 7th Jul 17, 5:39 AM
    No chance indeed. He might get something because getting back a carpet soiled by an unauthorised pet is not W&T, but what he'll get with be peanuts and he should know better than to go through the whole dispute process for the sake of a few pounds.
    • saajan_12
    • By saajan_12 7th Jul 17, 8:41 AM
    • 779 Posts
    • 518 Thanks
    saajan_12
    • #5
    • 7th Jul 17, 8:41 AM
    • #5
    • 7th Jul 17, 8:41 AM
    The lifespan of an average carpet is 10-15 years, so atmost the LL has lost out on 3/15 = 20% of a carpet. This is assuming while the carpet is knackered, it would have lasted another couple of years but must be replaced sooner due to the soiling which is not fair wear and tear. So, at most, they would get back 20% of the cost of a new (average quality) carpet + fitting. However if the rest of the carpet is sufficiently degraded so you couldn’t use it even without the animal stains, then the LL has had full use of it so gets back 0.

    Dispute this with the LL and if they don’t agree, then ask for the undisputed amount to be repaid and then file a claim with DPS requesting the remainder.
    Last edited by saajan_12; 07-07-2017 at 8:48 AM.
    • sheff6107
    • By sheff6107 7th Jul 17, 12:39 PM
    • 439 Posts
    • 293 Thanks
    sheff6107
    • #6
    • 7th Jul 17, 12:39 PM
    • #6
    • 7th Jul 17, 12:39 PM
    Get it cleaned, take a photo, dispute it.

    It'll look fine in a photo no doubt and if it goes to arbitration it'll be hard to argue against a reasonable looking carpet. Why mention the animal if you can give it a proper elbow grease scrub.
    • WillPS
    • By WillPS 7th Jul 17, 2:25 PM
    • 201 Posts
    • 90 Thanks
    WillPS
    • #7
    • 7th Jul 17, 2:25 PM
    • #7
    • 7th Jul 17, 2:25 PM
    Thanks for all the advice. I'm glad I was right to feel it was unreasonable.

    We will clean the carpet and he can argue the toss for the sake of whatever the buttons value he'll end up will be.

    Why mention the animal if you can give it a proper elbow grease scrub.
    Originally posted by sheff6107
    The landlord became aware that we had an animal (sometimes) years ago - we left a litter tray out once and a pipe burst while we were out of town.

    He has (correctly, in fairness) put 2 and 2 together.
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