Deduction from deposit

Southend1

I have rented a flat from a private landlord for the last five years and now I'm in the process of buying my own place. A couple of years ago I dropped a hot iron on the hall carpet and it left a burn mark. The hall is only small - approx 1.5m x 1m. However the carpet is the same colour all throughout the flat. I'm hoping that I'll only have the cost of the hall carpet deducted from my deposit when I leave. Can anyone confirm if this is correct or if there's a possibility the LL will want the whole flat recarpeted if he is unable to match the colour?

Werdnal

Firstly, when exactly did the tenancy start? Deposit protection regulations came into force from 6 April 2007. You say your tenancy was 5 years, so if it started after this date, your deposit should be in a government scheme and you should have received the prescribed information from that scheme confirming the details. This will help your situation, as the LL should not be able to just keep a certain amount - they need to apply to the scheme for the amount to be released and you have to agree to it. Even if your original tenancy started before that date, have you ever signed any renewals since then? If so, the deposit protection requirement kicks in at the next renewal, so should have been protected then.

As for carpet replacement cost, as you have been there 5 years, there would need to be an allowance for fair wear and tear for the duration of your tenancy. Depending on the quality of the carpet and its age/condition when you moved in, it could be due for replacement anyway, or at the very least, you would only pay a portion/percentage of the replacement value for the hall area, as should the LL claim for the whole replacement cost, this is considered "betterment" and not permitted under the deposit rules.

Did you have a full inventory for the property when you moved in? This will also be required by the LL as it is down to them to prove the change in condition between the start and end, in order to claim for the cost of repairs/replacement.

Southend1

The tenancy began in 2006 so no deposit protection. It was for 12 months then continued on a periodic tenancy (no new contracts). The carpet was brand new when I moved in and there was a check in inventory confirming this. The rest of the carpet is in good condition though it could maybe do with a clean now after 5 years. Do you reckon I'll just be charged for a new hall carpet then?

Werdnal

If a car had a puncture, would you expect to buy a whole new car, or just replace the tyre?

Even if it was brand new, and the whole property is the same carpet, I doubt whether a deposit claim for the whole flat would ever hold up in court, if only 1 room is affected. As I said earlier, you also need to reduce the replacement cost by 6 years wear and tear, so there is no way the LL should even expect the 100% of the replacement cost for the hall itself.

Make sure you leave the place as clean and presentable as it was when you moved in, and if necessary hire a carpet cleaner to refresh the other areas, so your LL has no excuse to charge you for anything else!

G_M

I think it would be unreasonable to charge you for the entire flat.
I think a judge (if it came to that) would agree - though of course that's not 100% guaranteed.
If the carpet is 5 years old it is halfway (?) through its life, so only 50% of replacement cost can be claimed.

I recommend you borrow/hire/buy a carpet cleaner machine before you leave.

Southend1

Thanks for the replies. Will definitely clean the carpets before leaving. Hopefully the burn mark won't cause any aggro. The LL has several houses in this street and some are rented to students so I imagine he's seen a lot worse from them!