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Old 31.08.2021, 22:05
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Lawyer suggestion for moving out of the UK flat

I'm moving out from rented UK flat where I've lived for 7 years.

I got a report today from an inventory guy saying various things are Cost to me, for example:

1. Dark walls as paint that degraded during 7 years and never been refreshed

2. Marks on walls from photo frames

3. Stains on the floor carpet and just the quality of it degraded through time


I believe all those are just wear and tear items, considering I've been there for 7 years.

How do I go about it ? Shall I involve a lawyer to send responses to a letting agent ? They seem to not care at all. All I want is to get my deposit money back.
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Old 01.09.2021, 06:30
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Re: Lawyer suggestion for moving out of the UK flat

Here you go. https://www.citizensadvice.org.uk/ho...-deposit-back/

You did go for a protected deposit? https://www.gov.uk/tenancy-deposit-protection
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Old 01.09.2021, 08:09
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Re: Lawyer suggestion for moving out of the UK flat

Thanks a lot, thats very helpful! Yes I did go for a protected deposit.
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Old 10.09.2021, 22:16
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Re: Lawyer suggestion for moving out of the UK flat

so it looks like the whole dispute is around this



I've been renting this apartment for 7 years and as far as I can read on internet such carpet's life span is between 4 to 8 years.

I had a computer chair standing there hence wear and tear.

Agent says it's damage.

What do you guys think ?
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Old 10.09.2021, 22:19
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Re: Lawyer suggestion for moving out of the UK flat

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so it looks like the whole dispute is around this



I've been renting this apartment for 7 years and as far as I can read on internet such carpet's life span is between 4 to 8 years.

I had a computer chair standing there hence wear and tear.

Agent says it's damage.

What do you guys think ?
it's damage. for chairs with those wheels you should have put down a protective mat.

wear and tear is what happened to the carpet in the areas without the chair.
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Old 10.09.2021, 22:32
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Re: Lawyer suggestion for moving out of the UK flat

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it's damage. for chairs with those wheels you should have put down a protective mat.

wear and tear is what happened to the carpet in the areas without the chair.
a protective mat on top of another mat ? that sounds weird no ?

that carpet has been there for probably 10 years. I'm trying to get a receipt from the agent/owner when it was originally put.
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Old 10.09.2021, 22:51
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Re: Lawyer suggestion for moving out of the UK flat

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so it looks like the whole dispute is around this



I've been renting this apartment for 7 years and as far as I can read on internet such carpet's life span is between 4 to 8 years.

I had a computer chair standing there hence wear and tear.

Agent says it's damage.

What do you guys think ?
Is that your handbag on the chair??
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Old 10.09.2021, 23:20
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Re: Lawyer suggestion for moving out of the UK flat

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Is that your handbag on the chair??
Offered at 500chf
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Old 11.09.2021, 00:50
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Re: Lawyer suggestion for moving out of the UK flat

As a UK landlord - that chair damage is most definitely NOT just wear and tear. I would be furious with a tenant who got a carpet into that state. It might be 7 years on now, yet I wager you first damaged it a few years ago.

Same with the other items you mentioned. They are annoyances which could have been avoided, which mean the landlord is now pushed into having no choice but to organise a full, time consuming repaint/replace, rather than also being able to consider a quick "clean and maybe get by" option.

But, no way would you be charged full replacement cost. Anyway, in UK, deposit/bond amounts are now capped at (iirc) 4 weeks rent, so most bond amounts won't go far towards fixing those issues.

Kind regards


Ian
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Old 11.09.2021, 02:31
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Re: Lawyer suggestion for moving out of the UK flat

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so it looks like the whole dispute is around this



I've been renting this apartment for 7 years and as far as I can read on internet such carpet's life span is between 4 to 8 years.

I had a computer chair standing there hence wear and tear.

Agent says it's damage.

What do you guys think ?
It is inherent to the nature of a carpet that it will gradually get a bit worn down where there is most traffic, in places where that cannot be avoided, such as in the passage leading to all rooms. That is ordinary wear-and-tear.

It is, however, the tenant's responsibility to take reasonable precautions not to accelerate the wear, such as not trapsing in with muddy football boots. And a chair that has wheels that rip up fibres out of the carpet? No, that's just not acceptable in any way at all. Of course it's damage.

The carpet is not to be considered as a disposable item like a paper towel. It is part of all of the parts of the property that belong to the owner, and ought to be returned to the owner in [almost] as good a state as when the rental contract commenced, "used up" or "deteriorated" only in ways that couldn't easily have been prevented. The onus is on a tenant not to persist in behaviour that damages the owner's property. That means that the first time the chair's wheel nicked a thread from the carpet was the moment to either a) get a chair with different wheels or b) put down a mat to protect the carpet, or both.

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a protective mat on top of another mat ? that sounds weird no ?
No. Completely normal. Examples of office carpet protector:
https://www.google.com/search?q=offi...w=1229&bih=577

Apart from contractual obligations, treating the property of another person with respect is just basic good manners.
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Old 11.09.2021, 07:25
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Re: Lawyer suggestion for moving out of the UK flat

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a protective mat on top of another mat ? that sounds weird no ?
No. Can keep your feet warmer as well if you don't like the wear footwear.

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It is, however, the tenant's responsibility to take reasonable precautions not to accelerate the wear, such as not trapsing in with muddy football boots. And a chair that has wheels that rip up fibres out of the carpet? No, that's just not acceptable in any way at all. Of course it's damage.
But at somepoint, the carpet will reach the end of its useful life. Then it doesn't matter whether it's damaged, it has to be replaced anyway.
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Old 11.09.2021, 11:40
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Re: Lawyer suggestion for moving out of the UK flat

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But at somepoint, the carpet will reach the end of its useful life. Then it doesn't matter whether it's damaged, it has to be replaced anyway.
True. But that's a decision for the landlord to make, and not for the tenant to decide how much he/she can go ahead and damage it.
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Old 11.09.2021, 12:28
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Re: Lawyer suggestion for moving out of the UK flat

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Anyway, in UK, deposit/bond amounts are now capped at (iirc) 4 weeks rent, so most bond amounts won't go far towards fixing those issues.

Kind regards


Ian
5 weeks since June 2019 for ASTs and where the annual rent does not exceed £50k.

When we let our UK home, a tenant damaged the flooring and on checkout behaved like a dick about it, disputing the check-in, claiming the flooring was old, and demanding receipts.

They submitted the opinions of their facebook chums as evidence during the tenancy deposit dispute process.

The dispute process agreed that the tenants deposit should cover a percentage of the carpetís replacement, because some wear and tear is expected. The dispute resolution also agreed that the percentage should apply to replacing the flooring in all rooms, which was the same throughout the house.

Tenants lost their deposit, and I was out of pocket for a costly unplanned replacement. A lose-lose for damage that was predictable and avoidable.
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Old 11.09.2021, 21:06
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Re: Lawyer suggestion for moving out of the UK flat

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5 weeks since June 2019 for ASTs and where the annual rent does not exceed £50k.

When we let our UK home, a tenant damaged the flooring and on checkout behaved like a dick about it, disputing the check-in, claiming the flooring was old, and demanding receipts.

They submitted the opinions of their facebook chums as evidence during the tenancy deposit dispute process.

The dispute process agreed that the tenants deposit should cover a percentage of the carpetís replacement, because some wear and tear is expected. The dispute resolution also agreed that the percentage should apply to replacing the flooring in all rooms, which was the same throughout the house.

Tenants lost their deposit, and I was out of pocket for a costly unplanned replacement. A lose-lose for damage that was predictable and avoidable.
So I guess my chances to see a deposit back are slim.
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Old 12.09.2021, 10:42
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Re: Lawyer suggestion for moving out of the UK flat

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So I guess my chances to see a deposit back are slim.
Yes. The only thing you could try is to ask for a free quote by contacting a company yourself. Use that quote to negotiate with the landlord.

I am no carpet expert (and I hate them) and I donít know how much you pay in rent, but I donít think replacing that low quality carpet will cost a monthís worth of rent.
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Old 12.09.2021, 13:56
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Re: Lawyer suggestion for moving out of the UK flat

If you lived there 7 years you shouldn't have to pay much if anything at all. I know this having been a UK landlord on the other side of such a case:

https://job-prices.co.uk/tenants-repair-cost-guide/
"Example 1 – Old Damaged Carpets
The carpets in the property are nine years old and the tenant has damaged them by spilling red wine and not mopping it up in a timely manner. The carpet stain is so obvious that it’s likely to deter anyone from wanting to rent the property in the future.

Here is how to calculate how much the tenant should pay towards the cost of a new carpet:

The expected lifespan of a typical carpet in a rented property with two occupants is ten years.
...
The tenant should expect to pay 1/10th of the cost of a new comparable carpet to the affected room. "
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Old 12.09.2021, 14:10
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Re: Lawyer suggestion for moving out of the UK flat

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As a UK landlord - that chair damage is most definitely NOT just wear and tear. I would be furious with a tenant who got a carpet into that state. It might be 7 years on now, yet I wager you first damaged it a few years ago.
Ian, first tear appeared about 12 months ago. This literally became my office during the lockdown since March 2020, and I spent a lot of time on that chair whereas previously I would be in the office.

I should have bought a mat, but didn't realize they exist.

One thing that I forgot mention, the letting agent has been coming twice a year every year to check the state of the apartment. I believe the last visit was in Apr/May and I got email confirming apartment is in satisfactory state. They didn't say a word about the carpet. Does this help me at all ?

Last edited by otec; 12.09.2021 at 16:26.
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Old 12.09.2021, 16:12
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Re: Lawyer suggestion for moving out of the UK flat

How it worked with my flat: My letting agent put in a claim to the Deposit Protection Service for the replacement carpet to be deducted from the deposit. The tenant logged in the system that he did not agree (I believe it is an online process so all done electronically). The DPS then had to intervene in the dispute process and ruled that the carpet was >10 years old so I got nothing.

I assume the owner would have to prove that the carpet was <10 years old and provide a receipt for the repair (not an estimate)

If I was in your shoes I would call the letting agent and tell them the above and if you feel it was your fault I would offer to pay something reasonable (even though you probably don't have any obligation to do so, it would make me feel a better person). If they don't agree then go the DPS route.
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Old 12.09.2021, 19:48
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Re: Lawyer suggestion for moving out of the UK flat

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How it worked with my flat: My letting agent put in a claim to the Deposit Protection Service for the replacement carpet to be deducted from the deposit. The tenant logged in the system that he did not agree (I believe it is an online process so all done electronically). The DPS then had to intervene in the dispute process and ruled that the carpet was >10 years old so I got nothing.

I assume the owner would have to prove that the carpet was <10 years old and provide a receipt for the repair (not an estimate)

If I was in your shoes I would call the letting agent and tell them the above and if you feel it was your fault I would offer to pay something reasonable (even though you probably don't have any obligation to do so, it would make me feel a better person). If they don't agree then go the DPS route.
I was 'rewarded' a percentage of the cost to replace carpeting in my UK house last year. Even though the carpet was ~15 years old, it was in good condition until the tenants' (un-authorised) cat took to sharpening its claws on the edges of stair carpet. Which counted as avoidable damage. Think I got about twenty percent of the replacement costs.
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Old 15.09.2021, 13:43
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Re: Lawyer suggestion for moving out of the UK flat

So landlord said the carpet was put in 2007/2008, which makes it 13/14 years old.

Is it fair to say it's well past it's life expectancy?
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