Should Landlord or Tenant pay to replace damaged carpet?

[msmorgan]

Just wanting some opinions please?

My tenants of 3 years are moving out, they have generally been good tenants and are friends of friends so I'd like to keep things friendly if possible.

They told me the house was in excellent condition and didn't need anything doing, however when I went round there are quite a few things. I was obviously expecting to redecorate but was slightly annoyed that they've allowed their kids to scribble all over almost every wall, they've painted a fireplace, put wallpaper up, cracked a bathroom tile and not told me about tiles coming off a garden step.

The above I don't mind too much, I expected to have to funky redecorate anyway.

In the largest bedroom they have burned an iron mark into the carpet, I have said I would like them to pay to replace the carpet, I have said I don't mind having a cheaper carpet but for them to pay for it and the fitting.

The tenant has just text me to say he has been quoted £160 for supply and fit of like for like carpet, I know the carpet that is down was quite a lot more than that but would be happy as long as it looks similar. However he has said there is no way he is willing to pay that and would be willing to either split it 50/50 or give me £50 to just leave the current carpet down.

I am really pissed off at this, am I being unreasonable to expect them to pay for a replacement carpet?

[msmorgan]

Well I have definitely learned a lesson. I got some quotes today which I sent to him asking him to pay an amount towards it (which I worked out based on what you would normally deduct from a deposit in this situation). He replied basically saying he was willing to pay less than half what I asked for.

I have pointed out to him that I was doing him a favour not taking a deposit, renting the house to him for less than I could have etc and that was based on trusting that the house would be kept in excellent condition. I have had quite a few polite but insulting replies.

In the end I can't be bothered to argue with him over a fairly small amount of money. It was never about the amount, I am just so annoyed that someone I thought of as a friend has screwed me over. I've replied basically saying it's not worth arguing over and that it was my mistake to have not kept things more business like.

Will be taking all the above advice and future lets will be purely business (and I hope they don't get the school place they have moved to a crappy house and lied about the address for, not that I'm bitter!).

[Notawordfromtheladybird]

Get a company in to do professional inventory. Around here, LL pays checkin and tenant pays checkout. About £100 each. Put into your lease that tenant pays checkout fees.

All the painted walls needed to be put back to the colour they were at start of tenancy. With an inventory and protected scheme, you could have deducted for redecorating all the walls and fireplace back to original colour. Normally, even if you are allowed to paint, most landlords will give you permission in writing either for a specific colour only, or with agreement that you repaint it back to xx colour at end of tenancy.

[specialsubject]

I'm afraid your friend is a crook and you are probably only the latest in a long line. The school is next.

sorry. Dump him and make sure he can't defraud you any more. There is also a blacklist kept of dodgy tenants...

[msmorgan]

It's my own fault for being too trusting. I'm quite aware of the legal info etc re letting as my sister runs a letting agency and my dad rents out properties as does DP's dad.

It was purely because we know the family that I didn't bother to take a deposit. I've been reading through the tenancy agreement and there's about six different points that they've breached throughout the tenancy, nothing major but. I could have caused a fuss.

After a few heated discussions he has agreed to transfer £80 into my account today. As soon as it goes in I'm going to tell him I want the networking he's put in every room taken out before they leave and that he can pay our mutual "friend" the £40 I apparently owe him. I'm probably being a bit petty, but he's pissed me off.

[Arohaitis]

Oh me I've never had a penny of a deposit retained (except once 80p by a terrible landlord who did some dreadful calculations to show I owed 80p in unpaid rent despite the fact I had overpaid) since he held all of the previous tenants deposit (a fact they very kindly came round to warn me about) I let it go.

[Arohaitis]

Shop them to the local authority about the school place (but that's a whole other thread lol)

[Arohaitis]

For scribble (and other wall marks) you can get that magic erasure stuff from 99p shop type places.

(how do you spell erasure? it looks wrong but I've got brain failure!)

[specialsubject]

eraser?

[msmorgan]

I am tempted to inform the school of what I'm pretty sure they're doing (using the new house address of the friend they are renting off) but I'll not. I just hope they don't get a place, the alternatives closest to the new address are pretty awful.

I'm actually quite surprised at the lengths they're going to in ensuring a place in a particular school.

[SoulJacker]

Normally a good carpet in a rental property would be expected to last 10 years, so to avoid betterment, the maximum you could charge the tenant would be 60% for a 4 year old carpet.

[Holistichoney]

I have been in my rented house for 11 years and not had it painted or carpets replaced. My daughter was 1 and half and in my opinion place is in good condition still I have done as much as I can and afford to repare things. She is 13 now and moving out where do I stand on my deposit as worried I will not get it back? I gave found a tenant to take as seen but landlady not got back to me yet. Oh I have painted same colour 2 yrs ago and never done colours, wallpapered and hardley any hooks in walls etc

[specialsubject]

holistic - your deposit should be protected if the tenancy was renewed after 2007.

but tenants don't repaint or replace carpets, landlords do. Your deposit is only charged for damage, not wear and tear.