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Reasonable deposit retention for carpet damage
                
                    Toiletduck                
                
                    Posts: 181 Forumite                
            
                        
            
                    Hi,
My girlfriend is moving out of her new-build rented flat to move into my house next month. The flat was brand new when she moved in and she has been there for 2.5 years. After handing in her notice the letting agency has been round conducting viewings and 2 points were raised on their last visit:
1) She has been asked if the flat will be "professionally cleaned" before she moves out. I believe this is a non-enforceable term and indeed my brother recently successfully fought off his landlords attempt to withhold £150 for alleged "professional cleaning" costs.
2) She has very honestly pointed out a small area of damage to the bedroom carpet. The carpet is very cheap budget beige, wax has been spilt in a small area approx 8cm x 8cm. Despite our best efforts we are unable to fully remove it although it isn’t technically stained. She received a text message from the agent yesterday informing her it would be cheaper for her to replace the entire carpet herself before she moves out. If she doesnt they will replace it and there will be a significant deposit deduction.
I think full carpet replacement seems unreasonable and unnecessary given the small amount of damage. Are they trying it on? What is reasonable, I was expecting a small deduction for damage say ~£40?
Any advice would be greatly appreciated.
Cheers
Andy
                My girlfriend is moving out of her new-build rented flat to move into my house next month. The flat was brand new when she moved in and she has been there for 2.5 years. After handing in her notice the letting agency has been round conducting viewings and 2 points were raised on their last visit:
1) She has been asked if the flat will be "professionally cleaned" before she moves out. I believe this is a non-enforceable term and indeed my brother recently successfully fought off his landlords attempt to withhold £150 for alleged "professional cleaning" costs.
2) She has very honestly pointed out a small area of damage to the bedroom carpet. The carpet is very cheap budget beige, wax has been spilt in a small area approx 8cm x 8cm. Despite our best efforts we are unable to fully remove it although it isn’t technically stained. She received a text message from the agent yesterday informing her it would be cheaper for her to replace the entire carpet herself before she moves out. If she doesnt they will replace it and there will be a significant deposit deduction.
I think full carpet replacement seems unreasonable and unnecessary given the small amount of damage. Are they trying it on? What is reasonable, I was expecting a small deduction for damage say ~£40?
Any advice would be greatly appreciated.
Cheers
Andy
0        
            Comments
- 
            have you tried putting a tea towel over the wax and ironing it? thats quite handy for lifting out the wax.0
 - 
            have you tried putting a tea towel over the wax and ironing it? thats quite handy for lifting out the wax.
Hi,
We have tried all the tricks and it did get alot of it out but has left a small patch of congealed carpet fibres we just cant get the last bit of wax out of. I think it might be becuase of the cheapness of the carpet, the fibres are quite small. Maybe it works better on thicker carpet fibres?
Cheers
andy0 - 
            Properties are often required to be cleaned to a professional standard. What a professional could achieve that a sensible householder couldn't I don't know but that's by the by. It is necessary to return the property in the same condition as it was at the beginning of the tenancy, no more and no less. Demanding that it's professionally cleaned is an unenforceable condition but if the place is properly clean the agents and the landlord should have no argument.
If the carpet has been damaged with wax I can't see why that would not count as a stain. If it can't be removed then it's damaged. In order to return the carpeting to the original state the landlord would need to replace it. It's facile to argue that if the stain is 5% of the total area then only 5% of the carpet needs to be paid for. The usual calculation is to decide on the total expected life of the carpet. For a rental I would assume five years, so if your g/f has been there for 2 1/2 then she should be charged for 50% of the replacement cost. It would be reasonable to ask to see the original receipt and pay half of that.0 - 
            BitterAndTwisted wrote: »Properties are often required to be cleaned to a professional standard. What a professional could achieve that a sensible householder couldn't I don't know but that's by the by. It is necessary to return the property in the same condition as it was at the beginning of the tenancy, no more and no less. Demanding that it's professionally cleaned is an unenforceable condition but if the place is properly clean the agents and the landlord should have no argument.
If the carpet has been damaged with wax I can't see why that would not count as a stain. If it can't be removed then it's damaged. In order to return the carpeting to the original state the landlord would need to replace it. It's facile to argue that if the stain is 5% of the total area then only 5% of the carpet needs to be paid for. The usual calculation is to decide on the total expected life of the carpet. For a rental I would assume five years, so if your g/f has been there for 2 1/2 then she should be charged for 50% of the replacement cost. It would be reasonable to ask to see the original receipt and pay half of that.
I agree, it will be well cleaned, the one thing that concerns me in this respect is that the flat was new when she moved in so returning it to its original state is impossible as it has now been lived in for 2.5 years.
The life remaining in the carpet calculation is interesting - perhaps this is why they would like us to replace the carpet at our own cost then? Sounds lto me ike it would be cheaper to let them do it and if they try to charge us the full replacement cost take them to the arbitration?
Andy0 - 
            Living in a property doesn't mean that dirt and damage should be acceptable. An allowance should be made for wear-and-tear.
I'm assuming that there's a dual-signed inventory from the start of the tenancy.0 - 
            Have you got an inventory on move in signed by both tenant and landlord ?
i would not buy a new carpet - i would take photos on departure and let the landlord firstly try to negotiate an agreed amount for the deduction and if you cannto do that then register a dispute with the deposit scheme arbitration service.. let them decide0 - 
            Yes, the carpets were new and you can never return it to that condition, but there is a difference between wear and tear from use and dirty/damaged carpets.
For example, i would expect the pile to be trampled where people walk frequently on the same route through a room and imprints where furniture has been, but dirt where people have trampled through with mucky shoes on is a different matter.
If i were you i would ask to clean the house yourself and have them come in and check the condition with you afterwards, so you can rectify anything there and then which they arent happy wiht, and give the carpets a good run over with a carpet cleaner, if you get professionals in for this too then they may be able to lift the wax you havent been able to shift, if you have someone come round for an estimate they'll be able to tell you if its possible to remove, they probably deal with it regularly.:jProud mummy to a beautiful baby girl born 22/12/11 :j0 - 
            aren't ice cubes supposed to help loosen wax... i know you can put waxed clothing into a deep freeze and it will loosen it and it will lift off0
 - 
            Get one of the small hand held steamers for under £20. That should remove the wax.Self Employed, Running my Dream Jobs0
 - 
            Try Beckmann Stain Slayer or, as other have suggested, talk to a local carpet cleaning specialist.
It may be worth you posting over on the Old Style Board which appears to be frequented by cleaning gurus.0 
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