Burns caused my fire spitting out 4 years 1 Month tenancy

Shel146

My landlord has complained about small carpet burns where the log burner spat out on his inspection. It was put down May 2017 so that’s 4 years & 1 month. 

Where do I stand please, my length of tenancy is 5 years & 5 months. He has not treated me well at times throughout my tenancy so there is a list of petit things he’s complained about but this one concerns me that he will try taking this out of my deposit. Thanks 

AdrianC

And so he should. Burns on the carpet are not normal wear and tear. I presume there's a non-flammable hearth?

You say a "log burner" - assuming you mean a stove, you do know the door's meant to be closed except when you're actively tending to the fire, right?

If it's an open fireplace, then...
https://www.amazon.co.uk/dp/B0090M8AF6/

If you're using the stove/fireplace, have you had the chimney swept regularly during your tenancy?

As far as the carpet goes, if it's been down ~4yrs, then based on a rough 10yr expected life, you would owe about 60% of the replacement value.

But that's calculated when you move out. What happens before then is not relevant. He can complain at an inspection all he likes, but until you move out it's simply not his problem.

GDB2222

I suppose that the landlord supplied the log burner, and it’s fully functional, ie the doors work okay etc?

GeordieGeorge

More information needed, but it’d be right to deduct something from the deposit if you have damaged the carpet.

He can’t charge you the full cost of a new carpet plus fitting, the cost needs to take account of how long he’s had the carpet and the expected life of it. If, for example, it’s five years old and was only expected to last six then he can only charge 1/6 of the cost.

The condition when you moved in also matters. If there were already some burn marks and there are mow a few more then the drop in value won’t be much; an already damaged carpet is worth much less than a pristine one.

lookstraightahead

Whilst I agree something should be deducted, it's only like for like minus 5 years for the added age of the carpet.

maybe someone else can clarify, but I believe with something like this there should be a carbon monoxide detector that the landlord should have installed (correct me if I'm wrong)

tacpot12

While the landlord should provide a carbon monoxide detector if there is a fixed "combustion appliance" in the room (see here Domestic smoke and carbon monoxide alarms: proposals to extend regulations - GOV.UK (www.gov.uk)) this in no way affects the tenants obligation to use the appliance correctly so that the property is not damaged. 

lookstraightahead

tacpot12 said:

While the landlord should provide a carbon monoxide detector if there is a fixed "combustion appliance" in the room (see here Domestic smoke and carbon monoxide alarms: proposals to extend regulations - GOV.UK (www.gov.uk)) this in no way affects the tenants obligation to use the appliance correctly so that the property is not damaged. 

Absolutely not I agree, however, it would be interesting to know whether the landlords obligations have been met also. 

A log burner in a rental is quite unusual I suspect.

theartfullodger

Depends how long you stay.  If you stay another 30 years, landlord has no claim (fair wear 'n tear over many years) but if leaving do n, probably landlord may have a case.

It will depend on what inventory and photos you signed for on moving in that matters.  If no clear evidence of perfect carpet etc he should fail on his claim.. Deposit is your money, not for him to decide.

Write/email landlord, copy any agent, keep copy about all the petty issues using Shelter's excellent draft letter for reporting repair issues.

Good luck.  He sounds like he's got behavioural issues... 

Davesnave

lookstraightahead said:

tacpot12 said:

While the landlord should provide a carbon monoxide detector if there is a fixed "combustion appliance" in the room (see here Domestic smoke and carbon monoxide alarms: proposals to extend regulations - GOV.UK (www.gov.uk)) this in no way affects the tenants obligation to use the appliance correctly so that the property is not damaged. 

Absolutely not I agree, however, it would be interesting to know whether the landlords obligations have been met also. 

A log burner in a rental is quite unusual I suspect.

Not in the country. Quite often it compensates for other inadequate heating systems.
 Edited to add that a £20 rug from Dunelm or similar will do the job of protecting more valuable floor coverings from the almost inevitable small accidents. Ours has been down since 2016 and still looks OK while the LVT floor probably wouldn't if we'd left it unprotected.

youth_leader

I wish I'd bought a rug to protect the main carpet in my rented cottage.   It was an open fire and I lifted the fireguard away to reload,  and put it down on the main carpet, not realising there was an ember stuck on the bottom of it.  After a few seconds I smelled burning and it had melted a small hole.  Very luckily my landlord didn't charge me. 

theartfullodger

Any clown of a landlord having a log burner with carpet in front should expect "fair wear 'n tear" damage to carpet.  I grew up with open fires and solid fuel stoves.  In the 50's when they finally got central heating.. and my mother swore she'd never have another such fire, enclosed or not.



He must be mad.... Wonder if his insurers know about it