Landlord requesting full deposit

theonelink

Hi all,

I moved into an unfurnished flat 3 years ago and within months of moving in, I dropped my iron and left a scorch mark in the corner of the living room

I moved out last month and have just received quotes for repairs from the landlord through the letting agent: he is requesting the full deposit of £750 for a new lounge carpet. The email from the letting agent explains this carpet was noted on inventory as new and has not lasted the expected life span due to the scorch mark.

I have never missed a rent payment, have always paid on time and, apart from the small iron mark in the corner of the room, the flat is as new. There was a square patch of cut carpet laid by the door when I moved... could I argue the landlord has already set a precedent by patching the carpet by the door and he could do the same for the scorch mark in the corner?

I'll also add that the carpet was of a very low quality... £750 seems unrealistic. Could I ask for receipts to prove the cost of the carpet?... anything really to help get some money back... or is this a lost cause?

Any advice is much appreciated.

SpiderLegs

You have caused damage therefore should be expected to pay something, however the carpet is three years old and presumably still ‘works’, despite having an area of damage. 

Request your deposit back in full from the relevant scheme and let the landlord argue the cost through that.

theartfullodger

Indeed: Dispute request through deposit scheme: It's why they were brought in, to end years and years of landlords ripping off tenants over deposits.

Chumy

SpiderLegs said:

You have caused damage therefore should be expected to pay something, however the carpet is three years old and presumably still ‘works’, despite having an area of damage. 

Request your deposit back in full from the relevant scheme and let the landlord argue the cost through that.

This!

You might not get the full deposit back but you will get a large portion of it back.

All the best

pinkshoes

The landlord is entitled to charge you to put the damage right, but the landlord is NOT entitled to betterment.

So if the lifespan of a carpet in a rental is 8 years, then the carpet is already 3 years old, so the landlord can charge you the other 5/8ths of the cost of a new one.

Also, if the carpet is a cheap one, then he cannot claim for a really expensive one. He can charge you 5/8 x actual cost of carpet.

Alternatively you could get it replaced yourself? Or get a quote for a new one then offer him 5/8ths of this cost?

canaldumidi

Get a quote or estimate for a similar quality and size of carpet. That will be the starting point. Then allow for the 3 years use and 'betterment' as explained above.

Typical expected lifespan will vary depending on quality.

TripleH

How Big is the scorch mark and how obvious is it?

Check they are not trying to recharge you to recarpet the whole flat.

You damaged 1 room but that doesn't detract from the useful life of carpet in another room even if the landlord decides the carpet 'must match' throughout the house.

Lodge a claim for your whole deposit as above and let arbitration sort it. Do you have photos for when you moved in and out?

Does the landlord? They may claim it is a new carpet but do they have photo evidence?

I'm not proposing you don't have to pay, I'm suggesting ways you swing things in your favour a bit.

theonelink

TripleH said:

How Big is the scorch mark and how obvious is it?

Check they are not trying to recharge you to recarpet the whole flat.

You damaged 1 room but that doesn't detract from the useful life of carpet in another room even if the landlord decides the carpet 'must match' throughout the house.

Lodge a claim for your whole deposit as above and let arbitration sort it. Do you have photos for when you moved in and out?

Does the landlord? They may claim it is a new carpet but do they have photo evidence?

I'm not proposing you don't have to pay, I'm suggesting ways you swing things in your favour a bit.

How Big is the scorch mark and how obvious is it?

Size of a standard flat iron approx 25cm. The mark is in the corner and it's a very large lounge so isn't obvious at all when furnished.. but unfurnished it stands out a bit.

Check they are not trying to recharge you to recarpet the whole flat.

they are only charging for the lounge (from the email anyway)

I have photos from before I moved in and on the day I moved out. I'll request the full deposit back through the deposit scheme and go from there

biscan25

Not sure how big your living room is, but I paid c£200 for a moderate quality carpet around 25sqm. +£30 for fitting gave £230 or thereabouts. A deduction around the £200 mark or less might be fair. 
Good luck with the deposit scheme adjudicator!

MaryNB

theonelink said:

I'll also add that the carpet was of a very low quality... £750 seems unrealistic. Could I ask for receipts to prove the cost of the carpet?... anything really to help get some money back... or is this a lost cause?

Any advice is much appreciated.

I'd find it extremely difficult to believe he actually put a £750 carpet in a rental. Unless he originally intended to live in the property. Daft to spend that much on property that's being let. He's clearly taking the proverbial. Get the deposit protection scheme to sort it out.  

greensalad

Take it to tribunal and argue your point accurately. Firstly, do not purport that you should pay nothing. After all, you did damage it and therefore a deduction should be made. 

Come up with an informed calculation. Find comparable carpet (maybe go to the shop in person to see what is reasonable, don't just go for the cheapest unless the landlord did use the cheapest). Work out based on the square metre of the room how much the carpet would be. Research local costs for fitting one room of carpet and add that too. This is the cost of the carpet as-new.

Then divide that by 10 (the number of years I've seen used for carpet longevity in a rental. Personally I think it's always less but seen this number used). Divide the cost by 10, and then times it by 7. This is the cost of that carpet with already 3 years deducted because it's no longer new. 

Offer to pay this amount to the landlord as a reasonable amount to recompense him for the damage you caused.

Highly doubt that number will reach £750, and the deposit protection scheme will doubtless agree. When I had similar issues in a previous rental I did all these sums and offered correct amounts and the adjudicator sided with me in almost every case, I believe a big help was that I was reasonable in offering something, rather than outright denying any payment.