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Lanlord claim for carpet repair - what to expect from dispute?

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Author Topic: Lanlord claim for carpet repair - what to expect from dispute?  (Read 50 times)
Newbie
Posts: 22

« on: November 16, 2021, 11:50:54 AM »

We've ended our tenancy (31st October), and our landlord has put through DPS a claim for 400, he's emailed to state the reasons why, some of which we feel are not something he can make us pay for. He's not given us a chance to challenge his amount via email, however we've been in discussions with him prior to him stating a sum.

Summary of issue:
Area 1:
We had slight damaged a carpet area in the entrance hallway, we  sourced replacement exact match carpet ourselves and paid for it to be fitted in a 2m by 2m area, Landlord is not happy with the standard of replacement as the carpet had to be split in two due to size. Original was very clearly worn, and accepted as wear and tear. Landlord is claiming full replacement of the carpet to new, but cannot source original so has claimed for 100. He doesn't care about age / wear and tear as he say's that's irrelevant. We've not said to him, but we would accept having to pay a small amount as it's not been fitted as one piece, we are aware that it now classes as larger damage

Area 2:
We had damaged a side of one step of a stair (the tread), we sourced a replacement exact match carpet ourselves and paid for it to be patch repaired (damaged area only). Patch repair of 2 inches by 2 inches. Landlord is not happy with the standard or replacement as the patch repair does not match well. Original was very clearly worn, and accepted as wear and tear, rest of the step and stairs are clearly different due to age. Landlord is claiming full replacement of the carpet to new, but cannot source original, so is saying he'll need to replace the whole stairs (12 I think) and the landing. Has claimed for 400. He doesn't care about age / wear and tear as he say's that's irrelevant. We've not said to him, but we would accept having to pay a small amount for just the step (tread and riser).

Our notes:
Total replacement carpet costs 36 for a 4m x 1m roll, there is enough left over for the tread and riser of one step.
Total fitting of carpet 100
Our rental period was 7 years
Carpet throughout is over 7 years old, not sure of lifespan, it's a beige loop pile. Probably not available as discontinued.
Carpet in other areas accepted as wear and tear so visibly different.
The landlord asked what we would be doing to the place, we said rectifying issues in the inventory as he had highlighted, at no point did he say not to fix the carpet. That could be put down to unclear communication from both parties.

Our questions to you on how the adjudicator may process it:
If the landlord cannot source original to match is that something he can claim, and we have to pay? The original can be sourced online, like we had found.
Would wear and tear and age of carpet be taken into account?
Would it be accepted that he can claim for the whole stairs and landing?
How much should we expect an adjudicator to say we'll need to pay? We are hoping it'll be adjusted taking into account the lifespan of the carpet, wear and tear, location of damage (now the carpet replacements we've had done rather than original damage).
Should we be looking at obtaining quotes for fitting ourselves so we have something to go back with? Or is there a value you could say would be a good to go back to the DPS with when it get taken to dispute?
What points should we mention to support our case?


Attached is the landlords quote, however it doesn't look right (no full date, no areas stated, no pricing for carpet), but we of course cannot say anything about that.
Full Member
Posts: 195

I like property

« Reply #1 on: November 16, 2021, 12:40:08 PM »

If the landlord cannot source original to match is that something he can claim, and we have to pay? Not really. The adjudicators will judge the level of damage and charge a compensation fee.

Would wear and tear and age of carpet be taken into account? Yes.

Would it be accepted that he can claim for the whole stairs and landing?  You'll almost certainly only be charged a compensation fee based on the level of damage caused and the cost and age of the damaged item.

How much should we expect an adjudicator to say we'll need to pay? Imposible to say.

Should we be looking at obtaining quotes for fitting ourselves so we have something to go back with? Or is there a value you could say would be a good to go back to the DPS with when it get taken to dispute? No.  You have moved out and the condition is how it is.  If the LL believes the condition the property is at a level where they want to make a claim then they will. As you can't come to an agreement an adjudicator will now take over for you both.

What points should we mention to support our case? The age of the item, the length of the tenancy and that this is mostly wear and tear. The deposit is your money, the burden of proof is on the landlord to prove the deduction is correct.

Please let us know the outcome once the adjudicator comes to a decision.
Jr. Member
Posts: 88

I like spoons

« Reply #2 on: November 17, 2021, 01:12:24 PM »

I would add, i imagine patch repairs on a carpet look terrible. I've never seen it done, but i can see it sticking out like a sore thumb. I would also insist as a landlord on the whole carpet area being replaced (staircase, hallway etc). maybe i would consider normal wear and tear in the amount trying to claim.

however, i really wouldnt be happy with patch repairs!
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