Can we be charged for replacing a 20yr old carpet?

joodlemcnoodle

We rented a flat for 18 months (2 adults, 2 children) & recently moved out. We are due to hand the keys back this weekend so we have been making sure the flat is left in the same condition we found it in.

On moving out we discovered the carpet under the sofa had come away at the seam.

We had a fitter come to look at it but he said the carpet, whilst good quality, has been down for around 20 yrs in his opinion, has no stretch left in it and having a sofa on the top of the seam, will have caused some movement, resulting in the seam splitting. He didn't think it would be possible to rejoin the seam given the age of the carpet. He also commented that it looked like someone had fitted newer underlay at some point in the past and hadn't glued it back together very well, so that may have contributed to it splitting.

There are a few marks on the carpet as well, which we are getting cleaned but I don't think they will be completely removed.

This is the list of work we have had done to repair/improve the flat, at our expense:
• Whole of flat has been professionally painted throughout to smooth the walls where pictures had been - £500
• Replacement lino has been fitted to utility room because it ripped when the washing machine and dryer were being moved out - £200
• The toilet seats were very loose and could not be tightened up so we have replaced 2 of them - £50
• Fitted 2 velux blinds in bedroom (none were provided) - £50
• Replaced velux blind in lounge that stopped working - £30
• Fitted bike hangers in the garage - £45
• Fitted 2 extra security locks to the garage plus a dummy cctv camera as deterrent, due to other garages being broken into - £20
• Fitted solar lights on the balconies - £150

Total amount we have spent = £1045

We paid £2500 deposit and I am concerned that the agency (who have been a total nightmare to deal with!) will withhold our deposit and charge us for replacing the entire carpet. The fitter estimated it would cost around £3-4k to replace all the carpet in the flat, if can't remove the marks, and he can't repair the seam split.

My question is what can the agency legally charge us for? And given how much we have already spent in improvements and repairs, should we be expected to pay anything anyway, since the carpet is old and I have read that the life expectancy of a carpet would be around 10 years?

Any advice very much appreciated. Thank you.

DoaM

The landlord is entitled to a replacement 20-year-old carpet ... (s)he is not entitled to a new carpet (i.e. betterment).

davidmcn

You don't get any credit for improvements you've chosen to make (unless you had specifically agreed with the landlord that you would).

[Deleted User]

Will make it a lot easier for you if you can get the person who said all those things about the carpet writes it down, preferably on something with their business name and address.

AdrianC

DoaM wrote: »

The landlord is entitled to a replacement 20-year-old carpet ... (s)he is not entitled to a new carpet (i.e. betterment).

That's not quite the whole story, though.

The landlord is also entitled to the proportion of the replacement cost according to the remaining life of the carpet.

It just happens that a 20yo carpet has roughly zero expected life left.

If they try and deduct for it, simply take it to the deposit arbitration service. Up to them to prove it...

sal_III

The agency can't charge you anything as they are not the owners of the property (reasonably assuming here). Only the LL can do that. I'm saying that, because there is a chance that the agency might "try it on" without the LLs knowledge/consent (been there). And although the work you have done on the property doesn't automatically discounts your liabilities on check-out it could carry a lot of good will with the LL.

The LL is entitled for compensation for damages to the property during your tenancy, ripped carped is damage, regardless if age was a contributing factor.

The LL is not entitled for betterment - meaning that you are only liable for the portion of the remaining life of the damaged item. With the case of a 20 years old carpet, that's about 0. The question is you can't base it on hearsay by a carped fitter, with vested interests of selling/fitting you a new carpet of all sources. The LL might be able to produce invoice or other evidence that the carpet is much newer.

In any case there isn't much you can do about it, other than raise a dispute with the deposit protection scheme if you don't agree with the potential deduction. They are known to err on the side of the tenant, so you have nothing to lose.

supa34

Wish I had a tenant like you!!

The landlord should have has some blinds or curtains so you shouldn't have had to pay for the velux window. Same with the toilet seat. The others are your choice like painting and racks etc so you can't attribute that to landlord.

It just depends on how awkward your landlord is. If it was me I wouldn't have bothered. But then if your really concerned then get one of these £5m2 carpets and just put that on in the room where the issue is.

I do agree, get the fitters, advice in writing so you have proof and the agency needs to prove you caused it and wasn't wear and tear. Agency will try it on, just be prepared to put up a fight and be patient and persevere.

need_an_answer

I'm assuming that this carpet is a standard long wearing carpet and not some type of antique?

It's a genuine question

A good carpet of quality can last years...my parents had one in their living room that must have been 30 years and still going strong when we decided to lift it simply because we fancied a change.

The life span of things whilst is generally assumed at 5 years or so for tenanted properties isn't set in stone and to a point you may need to be mindful of that.
I do concede however it may take a brave LL to take you on via arbitration at the deposit scheme given the work you say you have done to restore the property to an acceptable at check in standard minus wear and tear condition...…

But I cant help wondering if there may be chance that it could be argued that in putting the sofa over the seam,you were indeed damaging the carpet.

The LL has a couple of options,they can dispute and go via arbitration
they can put it down to wear and tear that naturally occurs,they can charge you a token payment for damage based on the expected lifespan of the carpet ...but you will always have the option to dispute whatever you feel is charged inappropriately.

Tke photos prior to leaving of the property in case you need them as evidence going forward.

SmashedAvacado

If a carpet has no "give' left in it then its arguable that damage could be attributed to wear and tear. In any event, as has been said, you are liable for nothing here - the carpet is clearly beyond its life and has zero value.

parkrunner

joodlemcnoodle wrote: »

We rented a flat for 18 months (2 adults, 2 children) & recently moved out. We are due to hand the keys back this weekend so we have been making sure the flat is left in the same condition we found it in.

On moving out we discovered the carpet under the sofa had come away at the seam.

We had a fitter come to look at it but he said the carpet, whilst good quality, has been down for around 20 yrs in his opinion, has no stretch left in it and having a sofa on the top of the seam, will have caused some movement, resulting in the seam splitting. He didn't think it would be possible to rejoin the seam given the age of the carpet. He also commented that it looked like someone had fitted newer underlay at some point in the past and hadn't glued it back together very well, so that may have contributed to it splitting.

There are a few marks on the carpet as well, which we are getting cleaned but I don't think they will be completely removed.

This is the list of work we have had done to repair/improve the flat, at our expense:
• Whole of flat has been professionally painted throughout to smooth the walls where pictures had been - £500
• Replacement lino has been fitted to utility room because it ripped when the washing machine and dryer were being moved out - £200
• The toilet seats were very loose and could not be tightened up so we have replaced 2 of them - £50
• Fitted 2 velux blinds in bedroom (none were provided) - £50
• Replaced velux blind in lounge that stopped working - £30
• Fitted bike hangers in the garage - £45
• Fitted 2 extra security locks to the garage plus a dummy cctv camera as deterrent, due to other garages being broken into - £20
• Fitted solar lights on the balconies - £150

Total amount we have spent = £1045

We paid £2500 deposit and I am concerned that the agency (who have been a total nightmare to deal with!) will withhold our deposit and charge us for replacing the entire carpet. The fitter estimated it would cost around £3-4k to replace all the carpet in the flat, if can't remove the marks, and he can't repair the seam split.

My question is what can the agency legally charge us for? And given how much we have already spent in improvements and repairs, should we be expected to pay anything anyway, since the carpet is old and I have read that the life expectancy of a carpet would be around 10 years?

Any advice very much appreciated. Thank you.

I don't understand what needed gluing, carpet doesn't get glued neither does underlay. Apart from that I don't see any reason for losing any of your deposit for a twenty year old carpet. As for all the improvements that you did I hope you had permission to do them.

Slithery

joodlemcnoodle wrote: »

This is the list of work we have had done to repair/improve the flat, at our expense:
• Whole of flat has been professionally painted throughout to smooth the walls where pictures had been - £500
• Replacement lino has been fitted to utility room because it ripped when the washing machine and dryer were being moved out - £200
• The toilet seats were very loose and could not be tightened up so we have replaced 2 of them - £50
• Fitted 2 velux blinds in bedroom (none were provided) - £50
• Replaced velux blind in lounge that stopped working - £30
• Fitted bike hangers in the garage - £45
• Fitted 2 extra security locks to the garage plus a dummy cctv camera as deterrent, due to other garages being broken into - £20
• Fitted solar lights on the balconies - £150

Total amount we have spent = £1045

Do you have writen permission from the LL for all of this?