01-05-2021, 05:37 AM | #23 |
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Also the type of carpet, quality and size of the room has a big impact on the cost to replace.
New for old is completely out the question as mentioned by others, however as you've stated you have actually caused damage to the carpets a complete refund of your deposit is also out of the question, which it sounds like you're ok with. Ultimately if you took it to court the amount you'd get back out of the £400 will be very little in my view. So little, that I'm not sure it's worth the hassle. If he wants more off you then that's up to him to chase you via small claims. Chances are he won't bother. The gas issue may carry weight between you and the landlord but I doubt it will be a factor in the outcome of the issue with the carpets. Gas safety is a massive issue but will most likely be dealt separately. |
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01-05-2021, 05:46 AM | #24 | |
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01-05-2021, 05:57 AM | #25 | |||
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In court on the carpet matter, a judge is not going to change his decision on whether a gas certificate is present or not. They don't like a tit for tat style arguments, they simply aren't relevant to each other. Unless of course the OP was so enraged that a gas check wasn't performed on time and as a result has moved out due to this. Which I doubt was the case. In other words if the OP allowed the gas cert to slip without complaint, he was complicit in there not being one in a way. At best the judge will remind the landlord of his duties going forward. |
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01-05-2021, 05:58 AM | #26 |
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Personally I’d stick to the issue and the and advice being given on the condition, fair wear and tear etc. The other issue is separate and now you’re gone it just looks like you’re using it as a threat. I’d keep away from that if I were you.
If you feel you have a moral duty and want to protect future tenants then report him. But as for the carpets, that’s separate in my mind. |
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01-05-2021, 06:01 AM | #27 | |
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01-05-2021, 06:13 AM | #28 |
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OP, if you stained the carpets beyond a good clean, you are liable and will have to accept some portion of the costs to replace, as you have already acknowledged, it's just a matter of how much.
A portion of the carpet replacement will have been built in to your monthly rent. I'm sure a judge would class a rented property as business use, which means a shorter life expectancy for a carpet. I bet if you search the web for similar issues you'll find the average expectancy of a carpet in rental property, based on previous law suits. It's got to be one of the most common issues. Regarding the demands, is your deposit still held by the deposit scheme? Are you a serial renter? Will bad reference hurt you in future? Do you have the time to go through a court procedure (it is a pain in the ass having to prepare for and attend small claims) Just things to consider before taking a stand. Would you be prepared to fight without solicitation (it will cost you otherwise and you won't get costs back, budget on £500-750). In your shoes, you already have a gut feel about carpet age. Your 2 year tenancy has already contributed 20% ( based on 10 year life expectancy) to carpet replacement. Presumably both underlay and carpet, only carpet in question here. I would ask him to present a full claim including breakdown of materials and labour (not just replace carpet dining room / living room). From this and estimated life left make a reasonable offer and then let him start legal proceedings. Make sure you present your offer clearly in writing and make it clear arbitration is acceptable to you. This arbitration point is part of the small claims process. It is then entirely up to him to prepare a legal claim against you. In which you will be demanding proof of carpet age, costs at time of fitting, suitability of product used (scotch guard), details of any claims made previously to other tenants, etc. But he will have to waive arbitration to get a small claims hearing, which the judge will question especially as you have asked for it. It just makes him look unreasonable. I have been through the small claims process as a plaintiff, so know the steps if you want to discuss by PM. I'm not a solicitor so my advice with a pinch of salt |
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01-05-2021, 06:39 AM | #29 | |
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01-05-2021, 07:03 AM | #30 | |
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So really that side of things doesn't matter anymore as he may have already got a new certificate for the next Tennent moving in. On the carpet issue I would suggest writing to him and state your case in a polite manner and also give him a set period to respond. Any letters send by recorded delivery and keep a copy of all communications so you can start to build your case against him, then if he fails to see sense you can progress this to the civil courts it doesn't cost a lot and you will have proof you have adhered to a specific timeline and failed to reach any agreement. It goes a long way having a well presented case and normally they will give in before you go. You can do this on your own but make sure the correct procedure is completed as by your agreement made on the tenancy good luck. |
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01-05-2021, 07:15 AM | #31 | |
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The guy sounds like so many Landlords who try and cut corners at every stage, if he cant be bothered to get a Gas Cert for £65 then he is unlikely to have any issues with regards to ripping the OP off for a carpet. Sorry if i sound like a broken record but imo this is a very serious issue. |
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01-05-2021, 07:18 AM | #32 | |
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What the landlord is trying is called 'Betterment' which is generally a big no no for contract disputes. As above courts look dimly on those that refuse arbitration without good reason especially when there's a recognised scheme such as the tenancy dispute ones. One more bit of advice I'd give, have a look to see if you have legal cover on your home insurance, if so could be entitled to legal advice as well as having a firm pursue this matter for you as part of your LEI (legal expenses insurance). |
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01-05-2021, 07:36 AM | #33 |
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I've never been involved with rental in any way. This is an interesting thread.
If I've read correctly, the lack of the gas certificate means it's unlawful to let the property? If that's the case, then surely a subsequent rental agreement is also effectively unlawful & therefore not binding? In which case the landlord would have no recourse on damage? Just throwing this into the discussion for those who might know definitively...
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01-05-2021, 07:54 AM | #34 | ||
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Well then, that changes everything. |
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01-05-2021, 12:06 PM | #35 |
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Gents I really can't that you enough for the guidance and help here. It was supposed to be a 1 year rental but with Covid it delayed buying until December just gone. I've absolutely accepted the stains were caused by me hence the contribution - clearly that wasn't enough!
The fact he's selling the property as well doesn't help me feel any better about it all - I won't be backing down. I'll chat with the Mrs tonight to decide on what to do next and keep you posted.
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01-05-2021, 02:16 PM | #36 | |
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Oh and at least one carpet is stained but I'll clean that as best it goes.... |
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01-05-2021, 04:59 PM | #37 | |
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In your shoes I'd make the previous offer my BAFO and let him sweat. Still worth making the request for copies of invoices for the existing carpets though, and making it clear that you'd prefer arbitration if your offer is rejected.
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01-05-2021, 05:11 PM | #38 | |
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01-19-2021, 04:48 AM | #40 |
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£1900 seems a lot for the area you refer to unless it's a significantly large house. I replaced the entire carpets in my house (4 bedroom detached with many downstairs rooms) in the summer and even my lounge which runs at 24 feet long didn't come in at half of that.
I don't miss this stuff... when I had a rental property my last paying tenant was my brother, didn't end well and made me sell up! |
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01-19-2021, 05:22 AM | #41 | |
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Not down to the tenants though, just fair wear and tear.... but the missing blinds (x 3 in the porch), missing curtains (x1 room), random acts of weirdness, and the worst decorating ever definitely are! Of course they dispute it so I can now await them getting round to submitting the dispute (why should they rush?) or the 90 days passing - its only £1600 no problem.... Appreciate the betterment piece - I had decent decorated walls and now I have something you just cant leave so I consider all the decorating costs to be valid.....if they hadnt touched it I wouldnt charge them! And yes, I might sell this time, but its still a decent return overall.... and the market will be dead post stamp duty holiday ending... |
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01-19-2021, 02:42 PM | #42 |
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What would be the cost of you getting the affected areas re-carpeted?
Cheap carpet and re-use the existing underlay. Would that work?
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