Return of Deposit where damage has occurred

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    Return of Deposit where damage has occurred

    Hi

    Our long term tenant has given notice. She made us aware some time ago that she had damaged the lounge carpet with her iron and is aware that it will need to be replaced. My question is this: the flat currently has the same carpet throughout. We can no longer obtain this carpet and will have to therefore either have different carpet in the lounge or replace the carpet throughout the entire flat. Ideally (for aesthetic purposes) we would have preferred to have kept the same carpet throughout - where do we stand with what we can recoup financially from her?

    Regards

    Fruitloop

    #2
    For how long a term has T resided? Iron-damage is not fair wear and tear, but you would have to downvalue even an un-iron-damaged carpet to take account of reasonable depreciation in value caused by normal usage.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks for your quick response

      Five years eight months

      Fruitloop

      Comment


        #4
        Originally posted by Fruitloop View Post
        Thanks for your quick response

        Five years eight months

        Fruitloop
        A five year- and eight month- old carpet undamaged but used reasonably by T would be worth only a fraction of its new/replacement value.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Ok - but I am a bit confused on this one. If there was no carpet burn, we would not need to replace and would not expect to take any more from her deposit for the wear and tear. However, because it does need replacing, should she not be financially liable for the cost of that replacement?

          Or is it that she is only legally obliged to replace it with a similarly worn one? (penny dropping moment!)

          Are there guidelines as to what % reductions we should be using?

          Fruitloop

          Comment


            #6
            Is that the only damage, apart from fair wear and tear? Are you really going to take money from someone that has paid rent consistently for nearly six years?

            After nearly six years a carpet is virtually worthless anyway. Let the relationship end on a good note and freshen up the property for your hopefully equally as good, new tenants.

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              #7
              Thanks Poppy - valid point and I hadn't really thought of it like that

              Fruitloop

              Comment


                #8
                http://www.arla.co.uk/infosheets/list.aspx?id=7#

                Click on the heading entitled "Avoiding Betterment and Considering Apportionment" - then scroll right down to the bottom of the page, where's there's a table for calculating appropriate compensation.

                Comment


                  #9
                  Got to go with Poppy on this one....

                  You can not charge T for goods that will improve the property beyond the condition it was in when the tenancy began - LESS wear and tear. Ie you can't expect to have her pay for a new carpet to replace a 5 year old one.

                  This is my formula in these instances....

                  A) Life expectancy of product (carpet - 7 years?)
                  B) Current age of product
                  C) Original (not replacement) cost

                  Current value of damaged item is C divided by (A-B)

                  Comment


                    #10
                    Originally posted by westminster View Post
                    http://www.arla.co.uk/infosheets/list.aspx?id=7#

                    Click on the heading entitled "Avoiding Betterment and Considering Apportionment" - then scroll right down to the bottom of the page, where's there's a table for calculating appropriate compensation.
                    Oooh - thats pretty much how mine works too!

                    Comment


                      #11
                      Thanks everyone - all great advices - very much appreciated

                      Regards

                      Fruitloop

                      Comment


                        #12
                        Originally posted by Snorkerz View Post
                        Oooh - thats pretty much how mine works too!
                        Yours is a lot simpler!

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