ASK THE LETTINGS EXPERT Sharon Canning Move on Rentals Our tenants have just left the house we were renting to them. They had lived in the property for four years in total. Prior to them moving in we had new carpets put in throughout and have invoices to prove this. At the check out it was noted that there were some heavy stains on the lounge carpet, an iron mark in the hallway and hair tong marks in one of the bedrooms. My question is that as the carpets match throughout, are we legally entitled to ask them to replace the carpets in its entirety or just the rooms where the damage is caused? It is unlikely the tenants would agree with this and if no compromise can be reached you can use the adjudication service via your deposit scheme. This is where a good inventory is vital with dated photographs and your invoice of the new carpets will stand you in good stead. The schemes say, ‘The landlord should not end up, either financially or materially, in a better position than he was at the commencement of the tenancy or as he would expect to be at the end of the tenancy.’ In other words the deposit in not like an insurance ‘new for old’. We have to look at what is fair wear and tear or beyond fair wear and tear and the most appropriate remedy. Appropriate remedies could be; 1. Replacement of damaged item where it is either severely or extensively damaged beyond economic repair or its condition makes it unusable. 2. Repair or clean. 3. Compensation for diminution in inherent value of the item or the shortening of its useful normal lifespan. With the damage of the iron mark and hair tongs to the carpets, this is negligence and if heavily marked should be replaced, if not heavily marked then compensation may be more in order. With regards to the stains, can this be professionally cleaned and with regards to the carpet being replaced throughout, highly unlikely? That said, replacement for ‘like for like’ costs will not be given. The adjudicator will take into consideration the life span expected of the carpets in question. For example if the carpet should have a life span of 10 years and your tenants have brought that forward by six years then the cost will be divided likewise. For example: Cost of carpet £500.00 Actual age now 4 years Expected lifespan of carpet 10 years Which means; £500 divided by 10(years) = £50.00 £50 x 4 (years) = £200.00 £50 x 6 (years) = £300.00 Therefore the Landlord pays £200 towards the cost and the tenant pays £300 as he has shortened the lifespan of the carpets life. Remember failure to protect a deposit in the relevant scheme will result in your Section 21 not being recognised in court and a fine of up to 3 times the original deposit to be paid back to the tenant. If you would like to receive quarterly newsletters with the latest up to date information then please email Sharon@moveonrentals.com .You can also, now listen to Sharon on Hope FM 90.1. every Wednesday 12-2pm on ‘The Property Show’ with all the latest news within the property industry.
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