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Dispute regarding carpets

We've just moved out of our rental property and handed the keys back. The agent is proposing the landlord keeps the entire deposit of around £1200 as the wool carpets were damaged, which we do not dispute. Our dog lived in the property which was agreed by landlord but due to serious illness which our dog sadly died from, vomited on the carpets many times. We cleared up every time but it did leave stains. We employed a professional carpet cleaner at the end of the tenancy who made the stains worse by using the wrong products on the carpets. We are pursuing this issue separately.

When we moved in 3.5 years ago, the carpets were graded by independent inventory clerk as is in a fair condition due to wear and very minor stains. We estimate the carpets were 2 years old when we moved in.

The agent has advised that the carpets had an expected lifespan of 25 years. I believe this is extremely optimistic given the condition after 2 years. Most of the guidelines I have looked at for carpet lifespan state 10 - 15 years for the highest quality, and there is no evidence that these carpets were of such quality.

I would like to dispute the amount the landlord is proposing to keep of our deposit but need some advice regarding whether this lifespan is realistic.
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  • anselld
    anselld Posts: 8,262
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    Wool carpets are at the high end of quality, however 25 years is extremely optimistic for a rental.

    I would say 10 is reasonable max, so to avoid betterment you should be paying no more than 50% of the replacement cost of a good quality carpet.

    The unfortunate circumstances of your dog and the L permission do not change your liability, it is just a question of agreeing a fair price.

    Ask to see three quotes and then offer half. Otherwise dispute via the protection scheme.
  • capital0ne
    capital0ne Posts: 872
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    freyac wrote: »
    Our dog lived in the property which was agreed by landlord but due to serious illness which our dog sadly died from, vomited on the carpets many times.
    I'm very sorry your dog has passed away. I'm also sorry he/she was so ill it led to vomiting.
    Now the harsh bit, the dog vomited once - not good but you cleaned up as well as you could. Second time, the dog is sick, hmmm, not good, but maybe expected, maybe not, and you cleaned up again.
    Now the harsh bit, to let your ill dog continue throwing up on the carpet is to me just sheer negligence and I would have felt so guilty I would have offered to replace the carpet on moving out.

    Put yourself in the new tenants position, they ask the landlord about the stains on the carpet and he says, Oh, the last tenants had a poorly dog that kept on vomiting on the carpet and sadly the dog passed on. It's not a problem the carpet's been cleaned. Would you be happy to move in, with say a toddler crawling all over the stained carpet?

    Once again, very distressing and I'm sorry for your loss, hope it was resolved properly.
  • missprice
    missprice Posts: 3,735
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    capital0ne wrote: »
    I'm very sorry your dog has passed away. I'm also sorry he/she was so ill it led to vomiting.
    Now the harsh bit, the dog vomited once - not good but you cleaned up as well as you could. Second time, the dog is sick, hmmm, not good, but maybe expected, maybe not, and you cleaned up again.
    Now the harsh bit, to let your ill dog continue throwing up on the carpet is to me just sheer negligence and I would have felt so guilty I would have offered to replace the carpet on moving out.

    Put yourself in the new tenants position, they ask the landlord about the stains on the carpet and he says, Oh, the last tenants had a poorly dog that kept on vomiting on the carpet and sadly the dog passed on. It's not a problem the carpet's been cleaned. Would you be happy to move in, with say a toddler crawling all over the stained carpet?

    Once again, very distressing and I'm sorry for your loss, hope it was resolved properly.

    Clean is clean, if there are just stains after its been properly cleaned then no one is in danger. Even toddlers who btw stick all sorts of things in their mouth.

    And the law is the end of the matter.
    No landlord is entitled to a brand new carpet (or anything else) for a used carpet, sick or no sick.
    The only thing OP has to do is negotiate the expected life of a carpet and make restitution.
    63 mortgage payments to go.

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  • AdrianC
    AdrianC Posts: 42,189
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    The cause of the carpet staining is irrelevant. The carpet is stained and needs replacing.

    The landlord is entitled to recompense for the diminution of remaining life. If it's 5.5yo, and has an expected life of 10yrs, then you owe 45% of the replacement cost. If it was "fair" and "worn" after 2yrs, it did not have a 10yr life. It maybe had a 5yr life, in which case, you owe 0%.

    Let the deposit arbitration decide.
  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,357
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    carpets last 25 years in a rented property? I don't think so!!!

    I'd expect more like 5 years and mydeposits.co.uk agrees with me.

    So at 5.5 years since fitting the carpets are effectively worthless and the landlord has suffered no loss.

    I'd suggest offering 10% (£120) as full and final offer and making it clear that if this is refused absolutely no deduction from the deposit will be negotiated without sight of the original receipt showing the type and cost of carpet originally fitted. (and the depreciation is calculated according to the cost of what was originally fitted, not what the landlord wants to replace it with).

    Sorry to read about your dog.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • [Deleted User]
    [Deleted User] Posts: 7,323
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    edited 18 May 2018 at 7:09AM
    I'm afraid although losing your dog is a terribly upsetting thing (I have two wonderful dogs myself and lost one a few years ago, it still is upsetting) I suspect the carpet could have been cleaned so stains didn't show (by yourself).

    You have pets, these things can happen (and lets face it humans can cause similar stains). I always make sure no trace of it remains (and who wants to walk/sit on whatever is causing the stain?) Even without a shampooer, with the aid of biological washing powder/liquid and towels to dry it up after cleaning., no carpet has to have a lasting stain. You could have protected the carpet, kept the sick dog in one protected area etc. Its a disgusting stomach churning thing to do but I have cleaned up some really yukky messes myself, to save trouble in the long run! Mind you, its been decades since I haven't had a shampooer in some form available because of these messes, I have to admit lol.

    I am just trying to illustrate how these things can be dealt with so issues like you are having with the deposit don't even come up.

    I would also have tried to rinse the stain the carpet cleaners left out before giving up. If they used bleach (or whatever chemical caused the problem), they shouldn't have without testing the carpet first. If you have any before and after (cleaning) photos I'd try making a claim against the cleaning company.

    BUT, now it has happened, I would suggest that you stop dealing with the LL, and go through your deposit protection scheme. You shouldn't be paying for new carpets, whatever happens. Do you know if the carpet was actually wool, how expensive it was? I suspect the LL is trying it on. I can't see how you should lose your whole deposit for one carpet in one room that was 5 half years old by the time you left.
  • The thought of what has happened to those carpets - ie a dog repeatedly being sick on them - is something that would cause me as tenant to think "I can't expect anyone else to have to live with those carpets - even if they weren't stained or damaged by wrong cleaner being used".

    As a new tenant - I would want those carpets out pronto - as the mere thought of what had happened would put me right off.

    So I agree with the landlord/lady personally and would be replacing the carpets with new ones and expect you to be the ones to pay for it (it was your dog that was being repeatedly sick like this).

    I don't think it's appropriate to look for relevant laws to help out with not paying the cost in full here. It's appropriate behaviour to not expect anyone else to put up with carpets that have had that happening to them.
  • silvercar
    silvercar Posts: 46,865
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    carpets last 25 years in a rented property? I don't think so!!!

    You can buy carpets, particularly wool carpets, that will last 25 years. Why does the fact they are in a rental property change that?
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  • silvercar wrote: »
    You can buy carpets, particularly wool carpets, that will last 25 years. Why does the fact they are in a rental property change that?

    Agreed with that too.

    I bought all the carpets for current house in my early 60s when I got the house.

    I don't expect to have to replace them ever - at my age.
  • Davesnave
    Davesnave Posts: 34,741
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    silvercar wrote: »
    You can buy carpets, particularly wool carpets, that will last 25 years. Why does the fact they are in a rental property change that?

    The appropriateness for the property concerned is of relevance here. I'm not sure we know about that.

    One can buy all kinds of expensive or antique stuff, but putting it into a £650 pm rental and then claiming the full amount if it's damaged would hardly be fair.
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