Question about damage

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    Question about damage

    Good morning, I'm new here so, firstly want to take the opportunity to say hello.
    I'm living outside of the UK at the moment and my property in the UK is being rented out. I had an excellent Tennant who has now moved out. He has openly admitted damaging the lounge carpet. I have had a quote to replace it, the carpet is 2.5 years old and good quality. Should I make an allowance in the cost of repair for wear and tear? The carpet is still like new. I have no other issues with the property I just want to be as fair to the ex tennant as I can but also to my self.

    Thank you in advance for any advice.


    #2
    Welcome.
    What specifically are we talking about in terms of damage? As far as I'm aware, you can't deduct from deposit for fair wear and tear; if the tenant has looked after it as well as reasonably possible and been there a few years and it's slightly worn or light sofa indentation I wouldn't expect a claim to be made for this. But if it is damaged I.e. permanent staining or rips etc then I'd expect a claim to be made proportionate to restoring/replacing the carpet but with age and condition in mind.

    Comment


      #3
      A landlord is entitled to compensation for any loss in value of their asset(s) beyond fair wear and tear that occurred during the lease.

      The formula that they should use, and a court (and the protecting company ADR process) will use is:
      (Cost of the original item and any installation/fitting [not the cost of a replacement] / expected lifetime) * (expected lifetime - actual lifetime).
      That is, compensation for the lost value (life of use) of the item.

      That presumes that the item is entirely ruined and the landlord can show that it happened during the lease.

      If a repair is a more cost effective solution than a replacement (or vice versa), the cheaper option has to be taken.

      Alternatively, an actual repair cost might be claimed, but again, this should be adjusted to reflect the tenant's share of the lifetime (but sometimes this is just meaningless).

      Fair wear and tear is “reasonable use of the premises by the tenant and the ordinary operation of natural forces”.
      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


        #4
        Get an Ind Inv Clerk to asess damage based on move in report.

        Comment


          #5
          zanorias,

          Some how he has burnt the carpet, not a cigarette burn, he said he spilt molten plastic on it, but it has melted into the carpet and cannot be removed.

          Comment


            #6
            You must make an allowance for wear and tear, and you must use the original price, not the replacement price as the basis.

            The allowance for wear and tear is based on the lifetime of the carpet when used by average tenant, not on the rate of wear and tear with the current tenant. Otherwise you would penalise the tenant for not causing wear.

            The life expectancy of landlord quality carpets seems to be about 5 years, so you are talking about a discount of 50%, on cost price, so a little more than 50% on replacement price, unless you used a premium carpet.

            Is the damage such that you will have difficulty letting it or have to accept a reduced rent?

            Comment

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