Agreed £180 from deposit for repairs - which haven't been done

[tom1988]

Hi - don't know if anyone can help with this quick query.

Moved house about 2 months ago, and after some discussion, agreed with landlord to pay £180 for 1 x replacement carpet (with fitting) and £50 contribution towards another. A new tenant has now moved in and carpets haven't been replaced.

 

The complete replacement was due to a burn mark, and we were more than happy with the deduction - we would have organised the replacement if the landlord had agreed on the carpet type to be relaid. The extra £50 was a contribution towards replacement of another carpet which had a small stain on it, and due to other wear and tear, landlord decided he would also replace; and asked for a contribution.

 

We have been back to the property today, to pick up a package sent there in error. We were invited in, and i noticed that neither carpet has been replaced. The stain is still there, and the area where the burn mark was has been cut out and a new patch of carpet has been stuck in.

 

The repairs have therefore cost the landlord very little if anything at all - i'm sure the carpet patch was from leftover 'scraps'.

 

I want to know how to approach this - either with landlord directly, agent (who held deposit before agreed with TDS) or with TDS directly? Any suggestions please?

 

Cheers,

 

Tom

[Planner]

I dont think you have any comeback. Youve admited you have caused damage and you have offered an amount out of the deposit to pay for it.

 

End of story as far as I can see.

[MrShed]

I wholly disagree Planner.

 

Landlord is entitled only to his actual financial loss.

 

If the OP has been charged for a replacement carpet, and the carpet has not in fact been replaced, then clearly the amount deducted is not the actual financial loss.

 

I would write a letter before action, then proceed to small claims if required.

[wheelergeezer]

I would go one further and suggest deception here. You have paid money for a certain thing. In this case a new carpet. The money has been taken and the LL has decided to keep the money and apparantly bodge the repair himself. That is his choice, but now he has obviously chosen not to do what he charged for, he must refund the money. I would have no hesitation in taking him to court for it.

[Steve__M]

If you complain, the landlord may opt to simply replace the carpet. He may claim the reason he didn't replace it might be because he was unable to organise a replacement prior to the tenants moving in, and that he will replace it when convenient for them.

 

While all the above might be rubbish excuses, it may mean that pursuing it through the courts could be a waste of your time and money.

 

You could try and negotiate. And in the end you could make sure that the new tenants are furnished with the evidence they need to prevent the landlord charging for yet another carpet if they should damage it any further.

[xtr2054]

Just make sure the new tenants know so they the deal and they can either ask for a better carpet (as you've already paid your dues to achieve that), or use that fact in their defence when they move out, if the landlord claims more carpet repair related money.