To sue the arse off my landlord

[FlickeryWicket]

TWO years we've been asking him to replace the loose stair carpet. All requests logged through the agents. He came round and ummed and ahhed. Hit it back on the carpet rail with a hammer despite me telling him we do that everyday and it just comes back off again. Logged at all inspections.

I've tried fixing it numerous times. It's so frayed around the edge it won't attach. I've tried with carpet glue, it still won't stay out for more than a few days.

The carpet is at the top of the stairs, if you aren't careful and step on the edge of the top stair the whole carpet comes with you.

DD stepped on the edge yesterday and went flying down the stairs (along with the fucking carpet). Possible fractured coccyx (they weren't sure) in so much pain, will miss her netball tournament and a dance competition. Hurts when she goes to the loo for a poo, sits down for too long, can't walk to the bus for school.

I am bloody furious and feel like suing the tight bastard. I don't bloody care if he evicts us!

As a tenant, you'd be worried that removing the carpet means your deposit won't get returned. It's nothing to do with the tenant, as long as they inform the landlord/agents promptly as the OP did.

Quintessing...you think you can just rip up a carpet and paint the floorboards?

Ask all the landlords on here how much they would like that?

I'd be getting in contact with a solicitor ASAP! Your daughter could of broke her neck, I'd pull that bit off...actually, pull the whole bloody lot up!

Your landlord will be paying for more than a replacement carpet now...

Rougeseas any damage to carpets caused by the tenants is of course the responsibility of the tenants. This is not damage by the tenant, this is an unsafe situation which the LL has ignored. Congratulations to your dad for being an insurance surveyor!

Carpets suffer wear and tear.

If the carpets are not in the exact condition as the when the Tennants moved in then the agency / landlord would usually seek to replace using the deposit

If the carpet was like this when op moved in then she accepted the condition of the property as it came... So she can hardly sue someone when she's accepted it as it camr

If the carpet has become this way during the tenancy then maintenance of the property hasn't been maintained and the agency would charge her on leaving the house

carpets are not counted as part of 'contents' as they are not something that you usually take with you when you move. It's only in council properties that carpets seem to be tenants responsibility.

It is the landlords responsibility, he has repeatedly failed to act on your concerns and yes do whatever you can! I hope your DD recovers soon. You must be absolutely livid. I think smoke would be coming out of m ears!

It needs replacing. It's nothing to do with anyones contents insurance.

A dangerous carpet, surely is the landlords responsibility to repair. And it's written into most tenancy agreements that tenants should not alter the decor of the property without prior agreement so OP can't go about ripping up carpets and painting the stairs.

Quintessing, you can't always change things in a rented house. Everything is specified on the inventory so you're not always allowed to change carpets etc even to upgrade.

more bad advice from rogue.

Landlords CANNOT make tenants replace items damaged through wear and tear. Usually there are also things in the tenancy agreement that you can't remove any of the landlords things etc- carpet being that.

rogue you really are not being helpful- if your advice is based on your personal experience as a tenant then I'm afraid you have been screwed over by a landlord/agency.

I fractured my coccyx it took years to really improve and it's still tender compared to how it used to be. The pain was horrific.

If can sue I would, on your DDs behalf.

Left the carpet. Keep the carpet.

Lifting it solves danger problem
Keeping it satisfies any legal requirement

Rougeseas please you're killing me, landlords are explicitly NOT ALLOWED to claim for wear and tear, only for damage caused by the tenants.

if you lift it you'd probably get accused of damaging it...

RougeSeas - you're wrong. Check-out inventories allow for reasonable wear and tear.

You can absolutely sue and you should.

Your poor DD.

Sounds like a Judge Rinder job if you ask me

Your version of advice is different to mine... At no point have i offered any advice. i live quite harmoniously thanks.

If i were to offer advice it would be...

Don't live with a death trap carpet for two years...

• Replace the carpet to have a safely fitted carpet, keep the old one and put it back down when leaving the property
• Remove the carpet completely thus having no death trap carpet
• Replace carpet completely... Tell the landlord hey look what i did for you blah blah blah

All of the above would have been very good sound advice.

There is absolutely no way that any judge in the land would reward damages to someone who has left something in place knowing fully well the danger it presented

Oh my, yes definitely sue! I have had my coccyx fractured, and oh my god how much pain it was. And it was painful for months and months. So bad. Your poor daughter. I hope you get a solution.

Whether or not OP should or could have replaced it is by the by legally surely. The landlord had legal responsibility to provide basic standards of maintenance and safety. He took a gamble and he lost. I would sue him OP. She could have been killed.

For safety, I think I would have either offered to pay to replace it, even though you should not have to, or have moved out. That doesn't change the fact that the landlord was wrong here though.

Incidentally, since the carpets are so old they would not be regarded by the tenancy deposit scheme as having any value, and nothing could be claimed from your deposit for any amount of damage including I would guess removing the carpet.

But the OP shouldn't need to have to do any of those options. Don't they always say to "lucky" renters that at least they don't have to pay out for repairs? And who knows if either of those options would have been accepted by the landlord and not deducted from the deposit?

Of course a judge could give damages for this carpet, Rouge. I'm a part time judge and certainly would think it was an option if this was before me.

There are things the op could have done, but she is not negligent not to do so. Her landlord on the other hand...

rougeseas your advice is very off, your dad may be an insurance conveyor (very high up apparently) but you are not. It's very iffy to pass of second hand "expert advise" that I'd not correct.
Op most personal injury solicitors are no win no fee so I'd give some a call tomorrow. Most won't take on a claim unless the damages would be over a certain amount but I would have thought a broken coccyx would fall into this catagory.

Bless Rougeseas for his/her parallel universe advise. OP, YANBU. Hope your dd feels better soon