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To only pay to repair part of the driveway we damaged

(65 Posts)
WillSingForCake Thu 27-Sep-12 13:19:08

We've recently moved out of a rental property which had a tarmac driveway, big enough to park one car on. In the last month we lived there our car had a major oil leak, which stained an area approximately one metre square. We tried cleaning it off, but found the oil had softened that area of tarmac so bits of it were coming away.

We showed this to our landlord when we left and said we would of course pay to get it repaired, so we got some builders round to give us a quote. It would cost £150 to dig up that area and put down new tarmac.

The landlord isn't happy with this as the repaired bit will look a different colour than the rest (new black tarmac against older gray tarmac) and wants us to pay to resurface the lot, which will cost £475.

AIBU to only pay to repair the bit we damaged? If it was only a little bit more I'd think sod it and pay up, but an extra few hundred? I can see his point, as it will look a bit weird to have one darker patch, but it's only a driveway & his car (he's moved back into the house) will be on it for most of the time. I also wonder if he's not that bothered about the colour difference, and just sees this as a good way to get a new driveway.

I suspect we won't be able to reach an agreement, and it'll go to the Deposit Holding Company (or whatever they're called) to decide, but was interested to see what you all thought?

Well, no, you may not want to pay for the damaged area but at the end of the day, you did damage it so should pay. If you spilled a up of tea say on a ref carpet, would you replace the stained area with a green carpet and leave the rest.....of course you wouldn't.

You damaged his property so you should pay to put it right.

Floralnomad Thu 27-Sep-12 13:23:54

If the rest of the drive is in a good condition then yes you should pay for it all to be repaired . Personally I agree with the owner and would not be happy with a patch . Having said that my DM damaged her tarmac with a petrol spill and her house insurance would only pay for a repair and not a whole drive , so she hasn't bothered to have anything done at all .

CointreauVersial Thu 27-Sep-12 13:24:35

Ooh, tricky.

Would it be covered by insurance??

I think you might have to do it all, though.

Yes yabu I'm afraid. Why should he have to put up with a patchwork drive because your car damaged it?

whois Thu 27-Sep-12 13:25:50

Ah, but you DO NOT have to pay for an entire new carpet of you damage a carpet that is, say, 3 years old. A carpet has a deemed useful life, can't remember what, something like 10 years (as if a caroet would last that long in rental) and so you would pay 7/10 of the new cost.

This whole 'new for old' thing doesn't work for making good damaged things in a rental property.

smalltown Thu 27-Sep-12 13:26:28

Message withdrawn at poster's request.

Lonecatwithkitten Thu 27-Sep-12 13:26:49

Patches of Tarmac tend to sink leaving a dip in surface. Having spent £25,000 on Tarmac not that long ago £475 sounds a fair price.

smalltown Thu 27-Sep-12 13:27:12

Message withdrawn at poster's request.

tiggytape Thu 27-Sep-12 13:27:59

YABU - your idea for the repair only suits you (cheap and does the job) but it ruins the whole look of what was a perfectly matching driveway before you damaged it. You can't just cut out the damaged bit and stick in a non-matching patched up bit and expect the landlord to accept that.

The only exception might be if it was a really old and shabby driveway with dozens of non-matching patched up repairs already so much so that one more will make no difference at all. But that doesn't sound like it is the case else the landlord woudln't care so much.

I would expect the Holding Company to agree since that is how, for example, insurance claims are settled (a big mark on a floor means the whole floor is all replaced brand new)

squeakytoy Thu 27-Sep-12 13:28:27

I can see both sides, but I do think that the LLs are being a bit fussy, because it is only a drive. I could understand it if it was a carpet.

squeakytoy Thu 27-Sep-12 13:29:17

"Having spent £25,000 on Tarmac not that long ago"

What did you have done? A multi-storey car park???

thefirstmrsrochester Thu 27-Sep-12 13:31:36

I think you would only be liable for the repairs. Were this a household insurance claim then only the repair would be covered but they would probably pay upto 50% of the work to resurface the non damaged area.

I would try and come to an arrangement like this or get him to go down the insurance route.

Lonecatwithkitten Thu 27-Sep-12 13:32:54

£25,000 buys you a 4m by 10m area Tarmac is very expensive.

WillSingForCake Thu 27-Sep-12 13:34:27

Hmmm... much as I wanted a chorus of YANBUs, you do all make fair points. Aagh I just hate paying out for stuff like this! But I grudgingly admit that if I was the landlord I suppose I wouldn't really want a different coloured patch. Thanks for your opinions!

MsOnatopp Thu 27-Sep-12 13:39:07

I can also see LL's side and this you should try to make a deal, for example, pay 75%

fluffyraggies Thu 27-Sep-12 13:39:54

A 'tar-mac drive big enough for one car' is really just a parking space isn't it?? confused Hardly a 'drive'. Not belitteling - it's exactly what we have smile

But anyway - under the circ's it sounds like a repair should be good enough. The patch will turn the same colour as the rest of it after a couple of months. Not like it's some beautiful sweep of hand-layed cobbles or anything.

SomeoneThatYouUsedToKnow Thu 27-Sep-12 13:44:49

You could try upping the offer to £300 (for example). He might accept it. If not then £475 doesn't sound that bad.

FredFredGeorge Thu 27-Sep-12 13:48:08

WillSingForCake Let it go to the Deposit resolution service, a repair seems entirely adequate to me.

SomeoneThatYouUsedToKnow Thu 27-Sep-12 13:50:26

Or, what about researching Tarmac Restoration. I have no idea what it is etc but it may be cheaper than replacing the whole drive.

bureni Thu 27-Sep-12 13:57:58

£250,000 for 4 x 10 metres of tarmac grindid it have gold nuggets mixed in with it?

SammyTheSwedishSquirrel Thu 27-Sep-12 14:08:24

A good quality tarmac drive would be expected to last about 30 years.

squeakytoy Thu 27-Sep-12 14:11:02

"£25,000 buys you a 4m by 10m area Tarmac is very expensive"

Not that bloody expensive. You were robbed!

bureni Thu 27-Sep-12 14:15:00

Robbed indeed, I got a 55 sq metre of ground done with tarmac including the ground preparation , kerbing and all labour for £3900.

squeakytoy Thu 27-Sep-12 14:18:59

And I just asked my husband, who works in the business, and he pissed himself laughing too. He asked if it had been topped in gold leaf and hand laid by leprechauns.

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