Is landlord responsible for replacing carpets?

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    Is landlord responsible for replacing carpets?

    I have a long term tenant coming to 5 years now who is demanding i replace the carpets as he says they are tatty.

    The property was let urfurnished with some used carpets.

    Is the landlord responsible for replacing the carpets? I advised the tenant i have no issues if he want to replace them himself. However on a few other forums peope have indicated its the landlords responsibilty - is this correct?

    I recall in council let propeties the council never fitted any carpets - it was always the tenants responsibilty.

    Since the tenancy agreement has nothing to this effect where do i stand?

    #2
    Only if carpets are dangerous (eg tripping...)

    However, used carpets when he moved in and now 5 years further on - I'd be expecting to replace for decency & lett-ability. If he's a "good tenant" I'd probably accede to his request, if a "bad" tenant inform him (verbal... ) that you are confident he'll be happy with the carpets in his next home.

    HHSRS points out that falls & injuries are much less likely WITH carpets (but presumably decent condition carpets)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Google truck mounted carpet cleaning in your area. It is transformational, and can of course be charged to your tenant.

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        #4
        The carpets are fittings, so if the tenant replaces them the new carpets belong to the landlord.
        Even an unfurnished let usually includes the floor covering.

        If they're unsafe you pretty much have to replace (or remove them or make them safe).
        Tatty isn't the same.
        After 5 years, the carpets probably need to be replaced - if the tenant moved out, you'd probably have to replace them before a new tenant moved in.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          theartfullodger,

          Im i legally obliged to as there is nothing in the tenancy agreement regarding this. Why cant he replace them himself. The property is let unfurnished and i would have thought carpets are classed as furnishing. Perhaps I should have included a clause to stipulate the carpets come as a bonus but tenant is responsible for replacing them should they choose to do so.

          if the property was let without any carpets who woild be responsible in that scenario?

          Comment


            #6
            He can't replace them himself without giving you the carpets.

            You should expect carpets made with man made fibres to need to be replaced roughly every five years, particularly in high traffic areas.
            Wool, maybe every 8-10 years.

            Depending on where you are in the country, you'd find it difficult to rent a property with no carpet (unless the floors are laminate or wood).
            Tenants can't fit carpets without giving them to the landlord - so it's not really a "bonus" that there are carpets.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              I would replace if good tenant, they are 5 plus years old, try flooring superstore they are about half price of retail shops and trade underlay save you a fortune

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                #8
                Originally posted by Gandolf View Post
                I would replace if good tenant, they are 5 plus years old, try flooring superstore they are about half price of retail shops and trade underlay save you a fortune
                Original post says "I have a long term tenant coming to 5 years now who is **demanding** i replace the carpets" -- that answers the question I think. Demanding tenants (unless they are paying rents commensurate with their approach) do not get what they desire. Decent tenants do.

                Anyhow, decent carpets last 10 years (or 15 years in some areas).

                Remember the tenant's deposit will have been depreciating in real-terms value (just as the carpet is). So if tenant wants to sign a refreshed agreement with a refreshed rent, refreshed carpet, and refreshed deposit that's great. It's a two way thing....

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                  #9
                  I put decent carpet in and it lasts. I buy direct from a trade supplier at around £10 psqm - rrrp is about £18 psqm. Carpet I put down in 2011 still looks fabulous. Trade underlay at around £29 a roll.

                  Comment


                    #10
                    Originally posted by AndrewDod View Post


                    Remember the tenant's deposit will have been depreciating in real-terms value (just as the carpet is). So if tenant wants to sign a refreshed agreement with a refreshed rent, refreshed carpet, and refreshed deposit that's great. It's a two way thing....
                    This is spot on. Use the opportunity to refresh terms, if they need refreshing.

                    Either way, if the tenant is "demanding" new carpets and you don't oblige, he'll probably end up giving you notice. That way, you'll end up with a short void period once he moves out, in order to replace the carpets, lick of paint etc. And then get market rent.

                    Alternatively, if he agrees, then you'll get market rent and zero void period.

                    Make it work for you.

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                      #11
                      Better still if tenant doesn't sign a new agreement, but still agrees higher rent.

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                        #12
                        Originally posted by jpkeates View Post
                        Tenants can't fit carpets without giving them to the landlord
                        Why do you say that?
                        Surely if the tenant buys them, then they belong to the tenant and the tenant can take them with him/her?
                        HMRC is of the view that they are not part of the building.

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                          #13
                          if it is an item on the inventory and there is nothing saying that the tenant is responsible for replacing, then I would say it is your responsibility.

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                            #14
                            Originally posted by MdeB View Post
                            Why do you say that?
                            Surely if the tenant buys them, then they belong to the tenant and the tenant can take them with him/her?
                            HMRC is of the view that they are not part of the building.
                            There is an argument that when something is permanently attached, it becomes part of the landlords fixtures.

                            However, AFAIK, in Botham v TSB Bank it was specifically ruled that fitted carpets were chattels, and not fixtures.
                            "Carpets can easily be lifted off gripper rods and removed and can be used again elsewhere. In my judgment neither the degree of annexation nor the surrounding circumstances indicate an intention to effect a permanent improvement in the building"

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                              #15
                              IMO a wall2wall fitted carpet is a F&F, a loose carpet/rug is a furnishing.
                              Both originally provided by LL? but T is required to return Property 'in similar condition' else obtain LLs prior Consent for any disposal etc to avoid poss risk of deposit deduction.
                              T cannot demand LL replace anything unless LL obligation or a H&S adjudged hazard.

                              Comment

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