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Carpet Deposit Dispute

Started by Shawcross70, August 17, 2022, 12:59:00 PM

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Shawcross70

Hi,

Quick query.

My landlord of a recently vacated property is claming damages to the carpet by a pet. We agreed to pay for the cost of cleaning the carpet however, that cleaning was unsuccessful. She is now claiming the cost of replacement also.

Is she able to claim both costs of cleaning the old carpet and then replacing it? I've ensured the costs will factor in betterment, age, life expectancy etc.

Many thanks

jpkeates

The landlord is entitled to compensation for a loss beyond the fair wear and tear that is implicit in the agreement for the tenancy.
That loss has to be kept to a minimum (technically "mitigated").

If the carpet has been rendered unusable in future, the landlord is entitled to compensation for the loss of the use of the carpet.
So if it cost £1000 (including fitting etc), and was expected to last 10 years, and has only lasted 6, the loss is £400.00 and that's what the landlord can claim.
Obviously you have to adjust those figures for the facts of your situation.

Most carpet in a main room won't last that long (unless it's quite an expensive carpet), if the pet was there with the landlord's agreement, some of the wear and tear caused by a pet is "normal", if they didn't know it was there, it isn't.

Whether the cost of the cleaning is included depends on what you agreed. If you agreed to try and see what happens is different than agreeing that the cleaning would sort the issue.

But the landlord can't claim a replacement (unless the carpet was brand new when you moved in and the tenancy was very very short).

Let the deposit protection adjudication scheme decide if you can't.