Any rights after giving deposit back?

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    #1

    Any rights after giving deposit back?

    I recently had a tenant move out after his contract was up. I did not check the house when he left as I was on holiday. Upon my return, I find that the carpet is damaged. I have given him his deposit back, but am unsure if I have any rights to claim for the cost to replace the carpet.

    Help!
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    #2
    You can sue, but only for the value of a carpet of that age - ie you can't charge for a brand new one.

    Comment

      #3
      Hi, thanks for that.
      I can't find any proof of purchase for the carpet, my husband used to deal with the tenant, but when we divorced, I took it on. The carpet is at least 6 years old. We did not provide an inventory when the tennant moved in, but I did take some general photo's of the rooms.
      I am really cross, as the carpet is now ruined, and needs replacing. Does anyone know the costs involved with taking a tenant to court, and what it involves, who pays the fees etc? Should I pursue the matter, or just let it go?
      Thanks

      Comment

        #4
        I would not go to court over this. In your situation I think you would struggle to prove what condition the carpet was in at the start of the tenancy - unless the tenant signed something to agree that the dated photos you had were a true representation of the carpet?

        I think you are being very optimistic, and in your shoes I would write it off to experience. You've had six years' use out of it, whcih isn't bad in a rental property (depending on number of Ts and type of carpet). It would cost you more than the carpet is worth (which you seem unsure about anyway) to go to court over it and even if you were awarded a portion of its value and costs, there is no guarantee T could pay it. Let it drop.

        I'm sure you now realise the value of doing a proper check-in and out inventories and not agreeing to any deposit being returned until you have agreed deductions with the T or gone through the protection scheme's arbitration service if you cannot agree.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment

          #5
          I have to agree with MTG. Unless it is prime carpet, it would be just about valueless after 6 years. Also, you can not prove the condition of the carpet when the tenant moved in.

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