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Damages

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Author Topic: Damages  (Read 39 times)
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« on: July 31, 2020, 09:16:51 AM »

Hi,
We have just moved out of a rented house after being there 10 and half years. The carpets in the bedroom were really worn. We assumed, as you would after that amount of time, that landlord would obviously be replacing the carpets so seen as we were going to the rubbish tip anyway we took them both up for him. We thought we were helping, but obviously realise now we should have just left them down. The landlord in an understatement has gone mental and wants us to pay for them.
I realise that it can be seen as damage know instead of wear and tear as they are missing, is this correct?
They were new when we moved in but do we pay the price they paid for new carpets or does the betterment scheme apply i.e do we pay the full price minus how many years they have been done/life expenctany left?

Also same question regarding a gas cooker, it was new but not the best and after many years we replaced it, but landlord says the one we have left the handle is loose and worse than the other one?

We never paid a deposit, we have offered him money, but he is being unreasonable.
We have a tenancy contract but there was never any move in inventory or check out inventory (he asked for the keys to be posted through his door and is now trying to make out we have tried to basically ascond ! , we said we wouldnt have answered the phohe to you if we were trying to avoid you! )
He is threatening court, but i dont think he can really without an inventory ect?
The thing is we wont to just pay him and move on , but hes being unreasonable.

If anyone could advise if we have to pay the full cost of the carpet and cooker pleaze?
Thanks
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« Reply #1 on: July 31, 2020, 10:14:28 AM »

On the face of it,if you are telling the full story,the landlord is probably just blustering.You should not have disposed of the old carpets and cooker without his consent,but I would most certainly expect to replace carpets after such a time,unless they were best quality Axminster.I would offer something towards the carpets,and if he refuses to accept then it is up to him.I can't see how he could take you to court and win.
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« Reply #2 on: August 02, 2020, 02:23:55 PM »

That's a silly mistake, that... taking up the carpets and trying to be helpful... remember - no good deed goes unpunished... and the worst words in the world are "I assumed..." followed by whatever, really. After 10 years you'd get away with paying nothing for the carpets if they were left in place and had actual holes all over them... nothing... but you went and removed it, and despite there being no Inventory, and despite it being longer than the life of a carpet... I now think you've left yourself open to a concession at least... however, that's what I'd do.

I'd offer a concession... I'd hope you have somewhere you can send a cheque or a bank account you can do a Faster Payment to... I'd do that, send one final communication (via whatever medium you're using) outlining your rationale for it, then I'd stop all communication... and do your "move on". If the Landlord feels that it's worth it then the next thing you will hear is some kind of formal procedure. If not, not. No point going back and forth.
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« Reply #3 on: August 03, 2020, 11:23:46 AM »

When you assume you make an ass out of you and me,as my old teacher used to say.
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