Deposit dispute - average useful lifespan data

[Cougar63]

I am in dispute with the Landlord over the return of the damage deposit less a fair contribution to the cost of repairs. The main item at issue is the replacement of a carpet which suffered from a couple of toddler accidents and which we have 'accepted' needed to be replaced.

The issue is what we use as the average useful lifespan of the carpet in order to apportion the costs of replacement. I've seen figures of 10 years quoted by ARLA but I'm trying to find authoritative data that can be used as evidence in a court hearing. Does anyone know of a source of such data (data for kitchen work surfaces and bathroom fittings would also be useful)?

[Nightmare4banks]

Hi all!

Cougar63,in reply to your post and in my view:

1.If I were in your position I would go to 3 carpet shops in your locality and obtain 3 quotes.

2.Give the shop the measurements together with the colour scheme and type of material i.e.cheap or slightly better condition.

3.You should then take the average price from the 3 quotes but make sure that your landlord must allow for reasonable "wear and tear" which should attract another say 10% - 20% off.Of course this would also depend on the state of the carpet when you first took on the tenancy i.e.was it in good condition,average or tatty.

I hope this helps.

If you have any questions,feel free to ask.

[Cougar63]

Thanks for the advice Nightmare4banks. We've gone beyond the cost of replacement stage (c. £800) - the isssue at stake is how to apportion costs. We had been in the property for 2 years and I believe the carpets were 7.5 years old when we moved in. I have proposed a contribution to the replacement cost based on an average useful lifespan of 10 years for the carpet.

My question is - is there an authoritative source of information that I can use as court evidence to validate the useful lifespan of 10 years for the carpetand similarly for bathroom and kitchen fixtures which are alo under dispute?

[Nightmare4banks]

Cougar63,in reply to your last post:

No,I do not know of any authoritative data regarding what you have mentioned.

Personally,I feel that you have complicated the issue(no being rude here but very blunt to the point) or it has become complicated in ways which could have been avoided.

Also,a final bit of advice try and resolve this matter amicably without resorting to going to court.

Anyway,best of luck!

[MrShed]

Have to agree with N4B - he is spot on. The source you require is not really needed - the matter appears to be well overcomplicated. The ONLY question is the cost of "like for like" replacement, not the lifespan - the lifespan makes in fact no difference at all. If the carpet is within 1 year of end of life, or ten, is irrelevant - the only relevance is the cost of like for like replacement. In a technical sense, the lifespan is over when the replacement cost is zero. Besides, this question is impossible to answer, as the quality of carpets varies massively.

[Cougar63]

Thanks for the posts MrShed and Nightmare4banks.

I've certainly no desire to overcomplicate things. On the avoiding court action - when faced with a Landlord that believes a brick wall is a reasonable response to normal communications I've been left with little choice.

Having agreed that the carpets should be replaced the issue is how to apportion costs. Notwithstanding the 'replace like with like' proposal I've taken the ARLA approach to proposing a fair tenant apportionment. The issue is then what to use as an expected lifetime of the carpets. Clearly, the Landlord would like to believe the carpets had another 10 years useful life in them. Personally I think they were pretty worn when we began the tenancy. In the absence of an inspection by an independent expert I'm looking for data (eg as put forward by ARLA) that supports the view that 10 years is a reasonable expected lifetime for this type of carpet in a tenanted property. I feel this data must exist somewhere?

[MrShed]

There is only one fair tenant apportionment in court, which is the cost of like for like replacement. Forgive me if I am missing something here, but I still say the lifespan of the carpet is way beside the point? Replace "like for like" is more than just a proposal, it is the standard method of deduction of costs in these cases, both in the industry and from a legal standpoint. Is there a SPECIFIC reason why this method is not sufficient or appropriate in this case? Otherwise, you are making the matter very overcomplicated.

[jampot]

I think the question is, how can you replace a 9.5yr old carpet with 'like for like'.

By apportioning 100% of the cost to the tenant, the landlord is getting 'betterment' by having the tenant pay for a BRAND NEW carpet to replace one which was nowhere near that state.

If I, as a tenant, was forced to replace a carpet, I'd cheerfully want to 'age' it 9.5 years so the landlord got what he was due...

[MrShed]

You cant. However, you can estimate the value of such a carpet. This is still different from the lifespan of the carpet.

[jampot]

Yes, but to estimate the value of a 9.5yr old carpet, surely it is necessary to depreciate it over X years down to £zero, thus working out the rough idea of the cost of a carpet which is Y years old?

If we assume that the cost to replace the cost of the original carpet, like for like, is £800 and the lifespan of the carpet in rental accommodation is 20 years, then the 'fair' cost to the tenant is more like £400.

But if the lifespan is 30 years, the tenant should pay more. Etc Etc.

But unless you can depreciate the asset over a given number of years, you can't work out its value after an intermediate number of years...

[MrShed]

Not neccessarily, although I see your point. More likely is that a carpet would depreciate each year based upon an average wear and tear that a carpet would have in one year. This is in addition to any non average wear. For example, my car will depreciate by a certain amount this year, a certain amount next year etc etc. However, my car does not have a "lifespan" as such, or certainly not one that can be quantified. Indeed, it will probably go on forever as someone does piecemeal repairs here and there(ok not "forever" but you get my jist ).

[Cougar63]

Thanks for the posts MrShed and jampot. As jampot has pointed out, it is not possible to replace the carpet with a 9.5 year old carpet so the issue is, assuming it is replaced with a new carpet of the same quality how do you work out a fair tenant contribution from the £800 replacement cost.

I think you have to use the ARLA methodology and therefore need to 'assign' a useful life to the item. This will clearly vary depending on the quality of the carpet, the use it receives etc. That said, there must somewhere be some source of information that says the average useful lifespan of this type of carpet in a tenanted property is x years, even if x is a range. That is the information I'm searching for!

I'd like x to be 10 years, but I would be quite happy if there is some reliable information that says 20 years!