Landlord asking us to replace carpets caused by leak

JoeeC

Hi all,

Myself and my housemate are having a few problems with our landlord.

Main issue:
We had a leak that caused damage to the hallway carpet. The leak didn't get looked at for 2 weeks after we reported it. The plumber then identified the wrong source of the leak so it carried on after he left. It turned out the shower unit was leaking and was dripping down through a crack in the bath panel and going through to the carpet in the hallway. It took another month to get sorted which meant the damage to the carpets spread.

He's now stating we should be replacing the carpets. We've said no but now he wants a call with us to discuss. Does anyone know where we stand from a legal point of view. My research finds that he's responsible for the repair and not us and he couldn't even take it out of our deposit.

Further background:
Along with the rationale above, we also told him we don't think we should be responsible at all as we've had numerous other issues and continued to pay full rent such as
- washing machine out of action for 5 months
- one bathroom out of action for 2 months
- one shower out of action for 4 months
- flat wasn't cleaned before we came in

We've been in the place 9 months. And through researching for this, I've realised we've not received the safety deposit scheme number so now worried he's not put in one.

Any advice would be much appreciated. We're not in the strongest financial position and don't want to be bullied into paying for something that we shouldn't!

Apologies for the length!

steampowered

Absolutely I would not be paying to replace a carpet, if the problem was due to a leak which the landlord failed to get fixed promptly.

Have a read of your tenancy agreement - you could quote back the clause in there about repairs etc. at the landlord.

You don't need to be bullied into anything. If you can't agree on deductions at the end of your tenancy, put a dispute to the dispute scheme. If the landlord hasn't protected your deposit, go straight to small claims track.

AdrianC

JoeeC wrote: »

Main issue:
We had a leak that caused damage to the hallway carpet. The leak didn't get looked at for 2 weeks after we reported it. The plumber then identified the wrong source of the leak so it carried on after he left. It turned out the shower unit was leaking and was dripping down through a crack in the bath panel and going through to the carpet in the hallway. It took another month to get sorted which meant the damage to the carpets spread.

He's now stating we should be replacing the carpets. We've said no but now he wants a call with us to discuss.

So long as you reported it as soon as you were aware, and the leak wasn't caused by you, then it's not your problem...

Further background:
Along with the rationale above, we also told him we don't think we should be responsible at all as we've had numerous other issues and continued to pay full rent such as
- washing machine out of action for 5 months
- one bathroom out of action for 2 months
- one shower out of action for 4 months
- flat wasn't cleaned before we came in

All irrelevant - and as for "we continued to pay full rent"... Umm, yes... Of course. You can't just unilaterally decide to pay less or nothing simply because the landlord's slow to fix things. So long as the place meets basic requirements of habitability, your only legitimate way to get any come-back is to simply move asap.

And through researching for this, I've realised we've not received the safety deposit scheme number so now worried he's not put in one.

Did you not get any of the paperwork? If not, then you're safe from any s21 notice - although since you really should be moving to somewhere with a less useless micky-taker of a landlord, that's a bit irrelevant. So ask the various schemes - they all have search facilities. And, if not, then your luck is in, because he cannot withhold a single penny of it. If he's slow in returning it all when you do move, you simply issue a court claim for up to three times the deposit.
https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims