Carpet Replacement

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    Carpet Replacement

    We have a flat in London that the tenant is in a AST.

    We don't have the funds to replace the carpets in the flat at the moment so the tenant took it upon himself to replace them.

    We never agreed to this however now the tenant is looking to be reimbursed. The original carpets were not great but they are the same as when he took it.

    He has now started throwing information from citizens advice and hmrc at us stating about wear and tear however I am ignoring that and basing my decision on the repairing obligations in the L&T1985.

    We are not tight we just dont have the money to do it any time in the foreseeable future as we have just paid out nearly £15k to the freeholders for work on the roof.

    What are our obligations?

    #2
    You have no obligation to pay for unauthorised works. Do you have a deposit for when they take 'their' carpet at the end of the tenancy? And do you have a condition report from the start of the tenancy?

    Comment


      #3
      Had the tenant contacted you about the carpets prior?
      What information is he throwing at you from the C.A.B & HMRC?

      Are any of these exchanges in writing?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        I agree with the above posts.

        I'd be interested to know what the CAB and HMRC actually said and what they were asked.

        Was there any discussion before the carpets were changed or were you just presented with the bill? If the latter then refer the tenant to Arkell v. Pressdram (1971)
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

        Comment


          #5
          Legally, T has no leg to stand on wrt reclaiming payment.

          They need to show something legally wrong with your carpet, and I don't know if they can recover costs even then.

          Are they just taking bits of text from CAB website, or have they got a real opinion from someone knowledgeable?

          ML
          Refer Mad Regulators to Arkell vs Pressdram.

          Comment


            #6
            Thanks folks

            He is pulling out information about what constitutes a furnished flat which I don't see its relevance.

            I don't think the carpets were unsafe (trip hazard) they were just a bit worn and tatty

            Comment


              #7
              If the carpets are worn and tatty and has reached the end of its life the then you ought to replace them so your tenants can live in a dignified manner.

              Comment


                #8
                As I stated above we don't have the money and he took the flat with the carpets like this, then took it upon himself to change them without approval from us. He is living in a dignified matter!

                Comment


                  #9
                  I just had all my carpets replaced in my flat, only cost £430 (with mid range value). It's one bedroomed. I guess I'd be more concerned with how much T is asking for? Did they get a carpet at budget value or go all out.

                  Comment


                    #10
                    Originally posted by paddywack78 View Post
                    I just had all my carpets replaced in my flat, only cost £430 (with mid range value). It's one bedroomed. I guess I'd be more concerned with how much T is asking for? Did they get a carpet at budget value or go all out.
                    Irrelevant, as other posters have already stated. (For OP's info) BTW it has nothing to do with S.11 Landlord & Tenant Act 1985
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                    Comment


                      #11
                      If old carpet had reached the end of it's life (and as such unable to claim against any deposit secured on the tenancy) I would just tell Ts that you will overlook their removal of your property this time but expect them to take their carpet with them when they move and to seek permission in future.
                      I'm a good tenant with great landlords
                      I'm also a living, breathing, fully cooked female.

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