Rental Deposit Deductions

neil.net

Hi

After a bit of advice on the above topic:

I’m moving out of a rented flat in a couple of weeks, the issue is that a few weeks back I dropped the iron on the carpet which has left a dark patch of approx 6 square inches where the carpet basically melted.

I have no problem with stepping up to any cost associated with this but I don’t want the agent/landlord taking the micky by replacing the current carpet with a higher standard of carpet, making me pay for new underlay or insisting that the carpet throughout the entire flat is replaced instead of just the relevant room.

I’ve seen virtually identical carpet (colour and pattern) in a local store which would cost approx £300 for the room. The current carpet is about 3 years old, two and half of which I have been living in the flat. I recall reading somewhere that landlords can’t use deposits for “new for old” replacements and have to take the general age and condition into account, is this correct?

Any helpful advice is much appreciated.

Neil

BitterAndTwisted

You are correct. When calculating the replacement value of something one must take into account the depreciation caused by "fair wear and tear". I am not certain about what percentage per annum might be reasonable for a carpet as much depends on the quality to begin with.

What I would definitely do in your position is NOT wait until the final check-out but to contact the landlord immediately, explain the damage and how it was caused and your willingness to make good. Then you can negotiate either finding an agreed replacement and having it fitted at your expense or agreeing a reasonable value and paying the landlord for it.

The one thing that landlords dislike and fear are void-periods between tenants where they are not receiving any rent, so owning up and resolving it now before you move might enable your landlord to avoid this.

neil.net

Hi

Thanks for your reply.

I want to contact the agent, but wanted to get a lay of the land first. Do you have any idea where I might be able to get information in writing on the net, so I have something to bring up? I've looked on the relevant tenancy deposit service websites but the information seems orientated towards how the system operates rather than rights and obligations.

Thanks
Neil

clutton_2

a landlord must take into account wear and tear when replacing things... the easiest thing is for you to take some estimates to your LL and come to a mutual agreement about how much to deduct from your deposit.. if your deposit is in a Deposit protection scheme then it could take up to 3 months to sort out....

BitterAndTwisted

There is no exact formula for calculating wear and tear for anything, including carpeting. A washing-machine's useful life might be ten years but a vacuum-cleaner only five. The key here is NEGOTIATION. Approach your agent/landlord and see if you can agree about what might constitute three year's wear and tear of a carpet but please don't leave it any longer.

MRSG2B_2

I had exactly the same problem.....big carpet mark in the middle of a massive lounge/diner carpet, that also went up the stairs!! Contacted my LL straight away to advise and make her aware was willing to pay. Unfortunately the carpet was brand new when we moved in so had to pay full amount of replacement, however it was the same quality/colour so she only asked I replaced the downstairs carpet. I'd say honesty is best policy, and discuss the amount owed with LL - perhaps suggest going halves due to age of carpet? Alternatively, if they insist you pay for it and you intend on staying, at least make it something you want/like as that way at least you get something out of it.

Good luck x

BitterAndTwisted

The OP is moving out in a "couple of weeks" so will not get much benefit from the new carpet save the opportunity to burn a hole in it.

Let this be a lesson to you: a share of the cost of a new carpet versus the price of an ironing board!