Deposit issue - Stain on linoleum floor

FBaby

I would imagine that the deposit service, if they think the whole floor needs to be replaced, will deduct a more standard rate (especially if I can prove that it is available) than just whatever he decides to charge me using the company he always uses.

Not forcibly. The LL is entitled to use whoever to fit. The adjudicator will only challenge if THEY believe the quote is extravagant, not whether someone can be found cheaper.

I understand that I should be paying a little bit for that, but I believe changing the whole floor is over the top

They will not get the full price of the replacement, and indeed, your LL has already agree to a deduction. It comes down to how much that deduction should be, the case made by your LL (that it was your negligence that caused the issue), but most importantly, the pictures he will submit.

otokonoko

Hi Sirok86.

To quote the Tenancy Deposit Scheme:

"Replacement of a damaged item may be justified where it is either severely and extensively damaged beyond economic repair or, its condition makes it unusable"

This is a small, barely noticeable stain, and the landlord's assertion that the entire flooring requires replacing is frankly unjustified. If the matter is referred to ADR, at most you will be expected to pay the landlord a compensatory amount, but the landlord is not entitled to charge you for a complete replacement. Not only that, but the length of your tenancy and the principle of 'betterment' mean that the amount you will have to contribute should be negligible.

You have nothing to lose through ADR. If you are not desperate for the deposit to be returned, use the service.

jessex1990

otokonoko wrote: »

Hi Sirok86.

To quote the Tenancy Deposit Scheme:

"Replacement of a damaged item may be justified where it is either severely and extensively damaged beyond economic repair or, its condition makes it unusable"

This is a small, barely noticeable stain, and the landlord's assertion that the entire flooring requires replacing is frankly unjustified. If the matter is referred to ADR, at most you will be expected to pay the landlord a compensatory amount, but the landlord is not entitled to charge you for a complete replacement. Not only that, but the length of your tenancy and the principle of 'betterment' mean that the amount you will have to contribute should be negligible.

You have nothing to lose through ADR. If you are not desperate for the deposit to be returned, use the service.

That's what I was getting at but couldn't remember the name for it. Thanks for finding the actual terms this should help OP out a lot.

Sirok86

otokonoko wrote: »

Hi Sirok86.

To quote the Tenancy Deposit Scheme:

"Replacement of a damaged item may be justified where it is either severely and extensively damaged beyond economic repair or, its condition makes it unusable"

This is a small, barely noticeable stain, and the landlord's assertion that the entire flooring requires replacing is frankly unjustified. If the matter is referred to ADR, at most you will be expected to pay the landlord a compensatory amount, but the landlord is not entitled to charge you for a complete replacement. Not only that, but the length of your tenancy and the principle of 'betterment' mean that the amount you will have to contribute should be negligible.

You have nothing to lose through ADR. If you are not desperate for the deposit to be returned, use the service.

Thanks a lot for that, otokonoko. It does help me a lot. I am not desperate at all and after seeing your answer and what I have been searching through other places, it is more and more clear that I will raise a dispute if I cannot get him to agree that it shouldn't be replaced.

Thanks again!

bouicca21

I'm still puzzled by the genesis of the stain. In my experience neither proper Lino nor vinyl actually stain, though vinyl does discolour over time. Flooring in a bathroom is after all supposed to be water resistant.

Was this flooring actually suitable for purpose?

kerri_gt

bouicca21 wrote: »

I'm still puzzled by the genesis of the stain. In my experience neither proper Lino nor vinyl actually stain, though vinyl does discolour over time. Flooring in a bathroom is after all supposed to be water resistant.

Was this flooring actually suitable for purpose?

I'm wondering if it were perhaps a coloured bath mat on a light Lino? Perhaps water on the mat caused dye to leech onto the Lino causing the stain?

Either way, I'd dispute it.

Sirok86

bouicca21 wrote: »

I'm still puzzled by the genesis of the stain. In my experience neither proper Lino nor vinyl actually stain, though vinyl does discolour over time. Flooring in a bathroom is after all supposed to be water resistant.

Was this flooring actually suitable for purpose?

Yes, I was surprised as well when I took out the bathmat and saw the stain. The linoleum is of a light cream colour and the stain is of a reddish shade. The walls enclosing the shower had stains of a similar shade, but as the walls were made of tiles the stains and they were visible I did not have a problem cleaning them. Bearing that in mind I think the stains might come from the water itself.

jessex1990

Sirok86 wrote: »

Yes, I was surprised as well when I took out the bathmat and saw the stain. The linoleum is of a light cream colour and the stain is of a reddish shade. The walls enclosing the shower had stains of a similar shade, but as the walls were made of tiles the stains and they were visible I did not have a problem cleaning them. Bearing that in mind I think the stains might come from the water itself.

red staining is from water. It comes off fairly easy with a bathroom cleaner product

http://www.wikihow.com/Remove-Hard-Water-Spots

Sirok86

jessex1990 wrote: »

red staining is from water. It comes off fairly easy with a bathroom cleaner product

That is what I thought too. But the professional cleaners I hired were not able to get rid of it (I don't think they used this product, though). Moreover, the landlord has said that they also tried cleaning and were not able to remove it. I will send him the link in any case and ask him if they have tried this product.

Thanks a lot for the link!

Carer

If your bath mat had a rubber back it will have permanently discoloured the vinyl. There's nothing that can be done other than to replace the flooring. No amount of cleaning will get it out as the rubber causes a chemical reaction in the vinyl.

I've always thought rubber mats should come with a warning on them.