End of AST - advice needed please!

[Nostromo]

Hi all, hoping for some advice please guys.

I have been renting a property (my old house) to a tenant for the last 3 years and they have just put their notice in. I have not used any letting agents or anything and drew up my own AST from various ones available on-line.

Tenant has damaged both bedroom carpets and the carpet on the stairs is also in a terrible condition with stains all over it, I think I am going to have to replace all 3 carpets. I have told tenant that the cost of replacing these carpets will have to be deducted from their deposit - I am estimating about £200.

Obviously they are not happy about this and have suggested that we claim on the insurance policy. This is where I am a bit hazy about my responsibilites. I have buildings insurance and contents insurance (for my own items) but I do not have accidental damage cover for the contents. Where do landlords stand in relation to level of insurance for their own contents? Should I be claiming on insurance for their damage?

In the AST it clearly states that the tenant is 'responsible for all and any damage' caused by themselves. I have drafted a letter to send to tenant pointing out the relevant parts of the agreement, especially the above point and the section about the deposit and how i can claim the cost of any repairs or damage.

I have one other issue too, tenant is going on holiday for a week before she leaves the property and is leaving her 16 year old daughter alone in the house. I am going to ring my insurance company in the morning to see if my insurance is still going to be valid during this week. Anyone any thoughts on this issue? Is it anything to do with me? I feel quite worried as don't want the placing burning down of flooding etc(I remember being 16!)

I would really appreciate any advice/thought you may have.

Thanks very much

[Snorkerz]

How old are the carpets, what would their manufacturers life expectancy be, is the replacement cost £300 and do you have any proof of the condition of the carpet when the tenant moved in?

Is the deposit protected in a government approved scheme?

Your insurance should be fine. You can have a tenant at 16 and you'd have to leave her alone! she's an adult. The insurance is 'landlord insurance' rather than 'residential insurance' isn't it?

Carpets damaged by tenants is not usually covered by insurance - it is not 'accidental' damage.

[Nostromo]

Thanks for your reply. The carpets are approx 5 years old and their life expectancy was 10years. I have been to price some carpets up and I estimated about £200 but need to get specific measurements (that is for a carpet that is £4 per sm). I have photos of the carpets but not every sq inch of it.

Yes the deposit is in an approved scheme.

Do you think I should send the letter I have drafted?

[Snorkerz]

What proof do you have of the condition of the carpets at the start of the tenancy?

Are you sure 10 years for the carpet? - £4sqm is quite cheap and I would have thought 5 years was more likely. However, if you have the manufacturers info, that's great.

[Nostromo]

The replacement carpet is going to be a lot cheaper than the one currently down, I bought a decent one because I lived there. Both parties agreed to the condition of the carpet at the start of the tenancy and tenant acknowledges the damage, we don't have much paper proof except an inventory but that doesn't detail the condition of the carpet. A learning curve for my next tenancy I think.

[westminster]

Are you sure 10 years for the carpet? - £4sqm is quite cheap and I would have thought 5 years was more likely.

Quite cheap? Unbelievably cheap! Can't see how it could reasonably be expected to last 10 years.

@Nostromo: If you had an independent clerk conduct a check-in proving condition 3 years ago at the start of the tenancy, and could also prove a life expectancy of 10 years (v. unlikely for carpet @ £4 per sq m), the most you could hope to claim is 50% of the cost of replacement (representing the remaining 5 years' loss of use of the carpets before they'd normally need to be replaced). If T disputes the claim, and it's settled via deposit scheme ADR or in the county court, I think there's a good chance you'd be awarded nothing.

[Nostromo]

The carpet that is currently down had a life expectancy of 10years but it cost apporx £10 per sm (5 yrs ago), the carpet I am looking to replace this one with is going to cost approx £4 per sm - obviously I will only be expecting this one to last a few years.

[westminster]

The replacement carpet is going to be a lot cheaper than the one currently down, I bought a decent one because I lived there. Both parties agreed to the condition of the carpet at the start of the tenancy and tenant acknowledges the damage, we don't have much paper proof except an inventory but that doesn't detail the condition of the carpet. A learning curve for my next tenancy I think.

Sorry, posted before I saw this.

If you and T can't agree a settlement, then you have no evidence to support a claim in the context of a dispute via ADR or the county court.

In terms of your claim, what is relevant is your actual loss, which is a portion of the cost of replacement with a similar quality carpet to the damaged one. E.g. if the carpet cost £20 per sq m and was expected to last 10 years, then you've lost 5 years' worth of use. So your claim would be for 50% of the cost of replacing with a carpet costing £20 per sq me, not £4 per sq m. (But this is probably academic, since T is disputing £200, and you don't have evidence of condition at the start of tenancy).

[Nostromo]

Ok great, thanks for your posts. Hopefully T and I can come to some kind of agreement, don't want to lose out of everything!

[Brb]

Shouldn't you try to clean it first ?