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End of tenancy questions

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Comments

  • kinger101
    kinger101 Posts: 6,573 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Dird wrote: »
    It could just as easily have been caught moving furniture around, is that not classed as wear & tear?

    Er.....damaging carpet by moving furniture around isn't wear and tear either. It's accidental damage, which I'd expect a tenant to pay for (either directly or through an insurance policy).

    To be honest, your best bet for now is just to move out then see what happens. We don't know the exact terms of this "membership club" thing as we can't see the contract. It's possible they may chase you for more money but in any case, it shouldn't be the whole replacement cost of the carpet, as it's value should be written down over time. At the very least, I'd argue that I was only responsible for damages in excess of the month rent you paid over as a fee (unless there is something in the membership club contract to the contrary).

    This scheme seems like a bad deal for tenant and landlord. It just needlessly muddies waters over the extent to which a tenant is liable for any damages. I bet it lines the letting agent's pockets nicely though.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 28 June 2015 at 4:32PM
    Dird wrote: »
    It could just as easily have been caught moving furniture around, is that not classed as wear & tear?
    You tear a carpet moving furniture, you have caused damage. If I employed a removal company, and they tore the carpet in this way, I'd a) be furious and b) make them pay

    'Wear and tear' is a slow, unavoidable, degredation of condition over time, eg if the pile of a carpet is flattened as a result of people walking on it daily for 12 months, or the colour fades naturally.

    'damage' is a sudden process, an accident (or deliberate act) like..... a dog taking a mouthful or a human clumsily moving furniture.

    (note: this is not a legal definition but I believe it reflects the way courts would define the terms - I haven't actually looked up the case law...)
    Could the op not do it does it have to be his/her dogs-seems a bit of an unfair request
    Unfair how? Dogs think they can get away with anything just because they act dumb. Dog took a bite and must now take the consequences.....
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    ... so skin the dog and use the rug to cover the damage!
  • Dird
    Dird Posts: 2,703 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    DaftyDuck wrote: »
    ... so skin the dog and use the rug to cover the damage!

    I'll pop down to the carpet store down the road & see if they have a match first but will keep that as plan B =)
    Mortgage (Nov 15): £79,950 | Mortgage (May 19): £71,754 | Mortgage (Sep 22): £0
    Cashback sites: £900 | £30k in 2016: £30,300 (101%)
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