Shanazzzz Posted December 17, 2008 Share Posted December 17, 2008 Hey All Just moved from an apartment we lived in for 38 months and the landlord has deducted the cost of a new lounge carpet (£365 ) due to staining. There was no particular stain on the carpet but simply wear and tear. Is he allowed to charge us for wear and tear?! Clearly, the rent we paid is meant to cover things like this? And after over three years wouldnt you expect wear and tear?!!! Link to comment Share on other sites More sharing options...
Plain Talker Posted December 17, 2008 Share Posted December 17, 2008 AFAIK, they can't charge for wear and tear, only actual damage. (and yes you would expect "some" wear after over three years) Seek advice from CAB or Housing aid, asap. Also, when you rent, furnished, the best thing you can do is get photos of the condition of the furniture and carpets at the time of moving in, and comparative photos of the condition of the items on vacating the property, just so the LL can't say you've damaged the items if you haven't. Link to comment Share on other sites More sharing options...
dynamick Posted December 17, 2008 Share Posted December 17, 2008 Hey All Just moved from an apartment we lived in for 38 months and the landlord has deducted the cost of a new lounge carpet (£365 ) due to staining. There was no particular stain on the carpet but simply wear and tear. Is he allowed to charge us for wear and tear?! Clearly, the rent we paid is meant to cover things like this? And after over three years wouldnt you expect wear and tear?!!! It's a grey area and one which is now addressed by the landlords being made to keep the bond they take from tenants in a government approved bank account. Any disputes then are checked out by an arbitrator of some kind and resolved. Wear and tear is a matter of opinion really isn't it....what you may consider to be wear and tear.....you're landlord may consider it to be inappropriate use of fixtures and fittings. I'm not siding with your landlord here....I'm playing devils advocate to put that scenario forward. Good luck in getting it sorted out. Link to comment Share on other sites More sharing options...
carltoncdx Posted December 17, 2008 Share Posted December 17, 2008 http://www.thesite.org Good site for FREE tenant advice. Link to comment Share on other sites More sharing options...
Longcol Posted December 18, 2008 Share Posted December 18, 2008 Any sensible landlord would factor "wear and tear" into the rent. And some factor it into their rent and then charge it on top. Link to comment Share on other sites More sharing options...
crunky Posted December 18, 2008 Share Posted December 18, 2008 They Cannot charge for ''reasonable'' wear and tear.. but of course whats reasonable is the debatable thing !! C Link to comment Share on other sites More sharing options...
chickywiggle Posted December 18, 2008 Share Posted December 18, 2008 i would say to argue it - failing that compromise on meeting half way. I am worried about same thing as our landlord has put cream carpets througout and even after only 9 months they are looking decideiodly gray! Link to comment Share on other sites More sharing options...
Charlotte_24 Posted December 18, 2008 Share Posted December 18, 2008 If it is a stain due to something spilling on etc. the carpet caused by the tenant then fair enough, however reasonable wear and tear should be covered by the landlord. As mentioned above though, proving that it is reasonable is the tricky area; i would contest it if you believe this is the case. Link to comment Share on other sites More sharing options...
sTaGeWaLkEr Posted December 18, 2008 Share Posted December 18, 2008 I would write a letter to your Landlord telling him that you disagree with the deductions that have been made, and why. I would say that unless you are refunded in full, you will pursue a claim in the small claims court for the amount that has been deducted, plus costs. There the Judge can decide who's in the wrong The worst case scenario is that you lose and have to pay court costs, but it won't be a huge amount, and frankly, if you do a bit of homework, I think it's worth the risk (If you genuinely believe that he is in the wrong) Landlords used to be able to take the pizz when it came to deposits - and it wasn't fair on the tenant. If a tenant has behaved well and left the property in a reasonable state then the bond should be automatically refunded (factoring in for the length of time they'd been there) Unfortunately this wasn't always the case. New rules mean that this is less likely to happen now, but still, that won't help you. What have you got to lose by attempting to get your money back? Link to comment Share on other sites More sharing options...
Cuey Posted December 18, 2008 Share Posted December 18, 2008 Argue it. Most landlords try it on. If they get to keep the bond it's a nice little bonus. When i left my flat it was spotless (i took advice and had photos) they tried to keep £100 back. When i asked why i was told it was because "you've live there for a while so the carpets could do with a shampoo". Needless to say i got the £100 back. Some will just try it on to see if you bother to chase it. Link to comment Share on other sites More sharing options...
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