A few questions about rental property

gazfocus

We are in the process of buying our first house and as such, should our mortgage go through, etc, we will need to give notice on our current home, however, I have a couple of questions.

When we moved in to the property, we signed a 2 year tenancy agreement but it has a clause in it that says either party can give 6 weeks notice at any time so I assume this means we don't have to see out the 2 year tenancy.

The other query I have is about condition of the property. The property was newly decorated when we moved in so we plan to touch up any paint, etc, with the paint that the landlord left in the house. However, the landlord laid a new cream coloured carpet in the bathroom (stupid idea I know), but the new carpet has now got marks on due to the same spot on the carpet being heavily used (namely where your feet go when you sit on the loo).

Additionally, one of the floor boards has broke in the bathroom and upon inspection, the landlord had replaced the original floorboard with a cheap piece of chipboard or similar.

Who is responsible for repairing the floorboard? Is it us? Also, would it be 'the right thing to do' to get a new carpet fitted in the bathroom before we move out?

Thanks in advance.

poppy10_2

Not got any comments on the floorboard, but the carpet issue is clearly fair wear and tear, it would be ridiculous to get a new carpet fitted yourself or for the landlord to attempt to charge you for the same.

princeofpounds

If you were using the floor in a normal manner (i.e. not stomping all over it) then the landlord should pay.

The carpet is wear and tear to a degree. It should probably, however, be cleaned, if the carpet was clean when supplied by the landlord.

You should take photo evidence of both faults on exit in case it comes to a deposit dispute.

BitterAndTwisted

Why would you be charged for the floor-board when the landlord ha already repaired it and not asked you to pay for it?

About the carpet: depends on whether this mark is as a result of wear flattening the fibres or it's dirt. If it's dirt you clean it.

Also I would warn you about the risks of touching-up paintwork. You could end up with bright, clean blobs all over the walls rather than a nice, invisible match. Why don't you ask the landlord round and ask him for his view? At the same time you could check whether that wording on your agreement means what you think it does.

G_M

1) Notice. It sounds like you have a 'break clause' in your 2 year tenancy. It is unusual for this to be completely flexible as you describe (ie envocable at any time) - what is the exact wording?

2) carpet sounds like 'fair wear and tear' - not your problem

3) how did the floorboard get broken? If you broke it, you pay for it. If it broke due to poor quality and /or wear and tear, not your problem. Of course, this is a matter of interpretation and may lead to a conflict of opinion - but as I presume your deposit is protected in a registered scheme(....?) that is exactly what the scheme's dispute arbitration process is for.

gazfocus

Thanks for all the comments. My main concern is that the carpet is glued directly to the floorboards so taking it up to repaid the floorboard could damage the carpet.

BitterAndTwisted wrote: »

Why would you be charged for the floor-board when the landlord ha already repaired it and not asked you to pay for it?

When I say the landlord repaired it, it would've been repaired before we moved in and we only know it's been repaired due to it being chipboard rather than a proper piece of wood.

gazfocus

Sorry to drag this thread back from the dead but it looks like this floorboard/carpet issue is going to be a problem.

We have tried to get to the floorboards to look at fixing them ourselves but the carpet the landlord had laid before we moved in has now glued itself to the floorboards and as such, getting to the floorboards will damage the carpet.

The landlord has suggested that we should be responsible for replacing the carpet in order to return the property to the way it was when we moved in. This seems highly unreasonable because surely he would need to allow for wear and tear.

We're happy to touch up the paint work, etc, but buying new carpet seems to be unreasonable.

Furthermore, the landlord hasn't protected our deposit and we don't want to make an issue of it should the landlord be willing to return the full deposit but where do we stand if the landlord refuses to give back the full deposit if it hasn't been protected?

BitterAndTwisted

Why are you concerning yourself with repairs done to the property which were carried out before you moved in to the property? That is nothing to do with you.

About the replacement carpet: I can imagine that the landlord would like you to cough up for a replacement but is it truly justified?

Your landlord sounds like a newby and I'd leave the issue of non-protection as an ace up your sleeve if you can't reach an agreement about any potential deductions.

Have you checked with all three deposit schemes yourself yet?

Was there a dual-signed inventory at the start of your tenancy?

Kynthia

If the floor board broke because it wasn't fit for purpose then it isn't your responsibility. Clean the carpet before leaving as dirt isn't fair wear and tear.

Write to your landlord requesting the deposit be protected or returned as it is now law. Be polite but firm.