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Damage vs Wear and Tear?


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After completing a check-out inventory yesterday on our property with our T we found that there was damage to 2 carpets.

One of the carpets was in a room that was used by our T as an office for his business which we only became aware of recently. He said clients were not seen on the property but obviously extensive time was spent in this room. The company was registered using our property' s address, which was against the rules of the tenancy agreement. We eventually had to reinsure the property as a business address until he redressed the breach. I consider the damage to the carpet as unfair wear and tear. The carpet is almost threadbare and stained where his desk was? The carpets were new when he took the tenancy 2 years ago. I can't find the receipt for this however?smiley19.gif

The second carpet has been damaged. It looks like a burn mark from an iron or something similar. The carpet is Navy Blue with this brown mark clearly seen as you come through the door. These carpets were 2 years old when the T took the property over, but was a bedroom carpets and saw barely any wear and tear. There were no marks on the check-in inventory. this carpet cost £300. I have the receipt.

Curtains costing £140 have a rip right down the middle of them. Made to measure and 5 years old, but cannot be replaced. Again I have the receipt.

Walls that have just been decorated in August have holes in them where picture nails inserted by T have come out and left holes. Can you advise me what is fair and what I am entitled to hold back out of the deposit?? Many thanks.

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It is pretty much accepted that wear and tear will allow a depreciation factor of 20% pa on carpets so you will only be able to "legally" bill for 60% of cost if 2 yrs old .....same logic will aply to other problems ...

BUT personally i would bill him for the lot (including extra ins premium) and see what happens he may just give you the balance (sounds like it is going to be more than his bond altogether) without a fight ..if not renegotiate when he argues ...

You do not say wether dp is under TDS or not ?

which could affect the way you deal with this ...


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I am holding the deposit.

Surely if something has been damaged though, it doesn't have a 20% depreciation. This can't be construed as wear and tear particularly in the case of the burn mark carpet and torn curtains. That' s just lack of care.

Thanks Rodent

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As a principle, your compensation is relevant to the value of the item at the time you did the move-out check, so as Simon says, if a new £1000 carpet has a 5 year life, it would depreciate in value by £200 per year. So if it was damaged beyond repair after 4 years you could only claim £200, which is the value left in the carpet. You have no entitlement to betterment. If the carpet is still serviceable you cannot claim for replacement just loss of value as a result of the damage, spot clean or repair whichever is appropriate.

Without knowing further details I would think deductions of something like:

4/5ths of original cost for trashed carpet on understanding the carpet was brand new 2 years ago.

£50 for iron burn

£70 for curtains if need replacing

£10 for holes

There will probably be other view points on the amount as there is some subjectivity.

Remember the deposit isn't an insurance policy

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My policy now is cheap carpets….

Tenants don’t care because it does not belong to them.

Its amazing on inventory check out how much damage the tenant will attribute to previous tenants.

I am prepared to take a certain amount of carpet abuse during a two year term and would probably replace anyway.

I found a local guy who does not have a shop and works from a van, low overheads an cheap deals.


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