Is it fair?

[Crystal0108]

Hello all
I am a tenant who has been in the same privately rented property for 4 years. We are now moving into a larger more expensive rented property that belongs to the same landlord. The landlord has his properties managed through a letting agent. I have a 1 year old a 2 year old and a 5 year old. The carpets were new when I moved in, they are the cheap low pile cream carpets. They are badly stained from the kids and also all the edges are frayed. So upon inspection by the letting agent they informed I would have to have the carpets replaced, I said the carpets were cheap low pile and the fraying is wear and tear however I was prepared to have them professionally cleaned at my cost including stain removal. They then went onto say I would also need to repaint the whole house we have never decorated so they the cream walls we moved in with. I had already arranged an end of tenancy clean through a company and one of their instructions from me was to wipe the walls and wash all bannisters ect, the agent said no it was up to me to leave the property exactly the way I let it, I said about wear and tear and she yes but that’s only if you have been in the property 5 years (I Am a couple months outside of that) we have been good clean tenants, never broken anything ,never missed a months rent or been late in four years. We have installed paving and decking in his garden which was just one huge mess before we cleared it all and got the works done with his agreement at a cost to us. I feel this is harsh?? What do others think?

[Berlingogirl]

If the carpets were cheap and you've been there 4 years and you're moving to a property with the same landlord and I were that landlord then I'd just write it off and put new carpets in. I wouldn't say that after 4 years you'd have to repaint the whole house unless it was dirty or scribbled on. Fair wear and tear starts immediately so I don't know where they get the 5 years from.

I think they're being too harsh.

You should contact the landlord direct.

[jpucng62]

Carpets should last up to 10 years and paintwork 5 years.

I would suggest you will need to pay a proportion of the re-carpet cost (upto 60% of the cost of the original carpet not the new one) and maybe something towards redecoration but certainly not the whole amount.

You do not have to do the work yourself.

Make sure you leave it spotlessly clean and then wait for the deductions from your deposit. If you think they are unfair take it to the deposit resolution service and pay what they judge to be fair. Certainly the wear and tear of 3 small children would be significant in my book so you may not need to pay much. This will however possibly sour the relationship with your LL.

Good luck

[jpkeates]

How long carpets last depends on what they're made of and where they are.
10 years would be about the limit for a mostly wool carpet - less in a high trafffic area like a hallway.
5 years would be enough for most carpets made of man made fibre.

You shouldn't have to redecorate.
The property would need redecorating every 6-8 years anyway, and, unless you've damaged the paintwork in some way, the landlord would have to allow for fair wear and tear over the 4/5 odd years.

The agent is talking tosh about a five year "rule" on wear and tear - it starts the day you moved in.

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

I'd say harsh isn't the word, more ignorant.

[Crystal0108]

To answer some landlord says he has no intention of replacing the carpets therefore he would like me to have them cleaned. The property has been advertised by the letting agent as brand new carpets, although I had a chap come and quote me some £300 which he assured me will eradicate every stain, they are still going to be frayed at the edges, it’s literally a no pile flat cream carpet. So I don’t know how they are going to get away with the new tenants saying they are new carpets.
regarding the walls, there’s no damage or scribbles we even used those sticky things to hang pictures rather than make a hole. There’s the odd mark here and there which will come off with a clean? But letting agent saying I should repaint the whole thing! As well as regloss all the skirting boards and bannisters, I clean them weekly so they are fine. It’s really upset me because I feel like it’s all one sided. What about all the improvements we made to the garden we haven’t asked for anything from that but I suppose we would be entitled to lift the whole thing and take with us, it’s was just a mass of weeds when we moved in, now there’s a paved seating area, raised decking. A stepping stone path installed. The landlord has actually requested we leave all that in but no mention of paying or anything and I’m too embarrassed to ask. We have agreed carpet cleaning and a deep end of tenancy clean. I feel this should be more than enough? Especially as we have been no problem tenants. Feeling sad and being taken the mick out of us because we are nice people.

[jpkeates]

I think that what you have their is an ignorant and pushy agent, who's damaging what sounds like a decent landlord and tenant relationship.

The landlord sounds to be being pragmatic about the carpets, and the agent is lying about the condition of the property they're letting. For example.

You have no obligation to paint anything - it's an outrageous request.
Most of the landlords here would have conniptions if their tenants painted the property - and, even if you'd destroyed the decor entirely (and I'm struggling to imagine how that could even be done) the landlord would have to make an allowance for the time that you spent their if they made a claim.

Carpet cleaning and a decent clean are obviously sufficient.
And I get the impression that your landlord would be happy with that and the problem is the agent.

For the avoidance of doubt, you can take with you anything that isn't actually attached to the property that wasn't there when you moved in, but you don't get any automatic compensation for the improvements you've made.

[Crystal0108]

I have a really good relationship with the landlord but I haven’t mentioned any of this to him yet as I have been told off by the agent before for going to him rather than them, reminding me the property is managed by them so I should contact them about anything i they will liaise with the landlord. But the landlord has always been helpful when I have contacted him direct. I would always leave the house perfectly gleaming before leaving it so I think I will just ignore the agent (although they will be conducting the checkout inspection) and just do what I would have done, clean the carpets and clean whole house top to bottom when empty

[ChrisDennison]

Make sure you state clearly on the check out report where you don't agree with the agent's sentiment.

[Hudson01]

If the carpets were cheap and you've been there 4 years and you're moving to a property with the same landlord and I were that landlord then I'd just write it off and put new carpets in. I wouldn't say that after 4 years you'd have to repaint the whole house unless it was dirty or scribbled on. Fair wear and tear starts immediately so I don't know where they get the 5 years from.

I think they're being too harsh.

You should contact the landlord direct.

Totally agree with the above, i would let it slide given your renting a more expensive property i would own and you had been a good tenant for over 4 years, to my mind it appears harsh.

[Hudson01]

I have a really good relationship with the landlord but I haven’t mentioned any of this to him yet as I have been told off by the agent before for going to him rather than them

With this in mind...... contact the landlord and put to him or her what you have told us, if it were me i would take it on board and be happy you came to me directly rather than be unhappy with '' The Landlord '' which could mean you then look for somewhere else to live in the near future, no landlord wants to potentially lose a good tenant, and you sound exactly that.

[MdeB]

If the landlord is happy for you to contact him directly, then do it.
Depending on what your relationship is like, you might bring up the agent's "do not contact landlord" instruction.

Personally I would not expect carpets to last more than 5 years in a let property(typically I install £5-£6 per square meter)

Decorating I would expect to do after 4 years (when property becomes empty).

So, if you were my tenant I would

• look at the carpets. If they appear damaged, then I would ask for 1/5 the cost. If they are just worn, then I would write it off.
• charge nothing for painting as it is due anyway.

If you talk to the LL, then ask what he thinks and what he wants done (carpets and garden improvements).
There is no point in paying out to clean the carpets if LL says he will be replacing them.