Tenant instructed carpet cleaner, Carpet cleaner has shrunk carpet

[billybobynumeroduo]

Hi all,

 

my tenant upon moving out hired a carpet cleaner to clean the carpet.

 

The cleaner came a couple of days ago did their job and left, the carpets were still damp after 24hours and not to mention shrunk!

 

The letting agent still has the tenants £1800 deposit and the carpet to replace is around the same amount.

 

1. Is the tenant able to sue me if the deposit is not returned through small claims?

 

2. Can I sue the carpet cleaning company as I have suffered Loss/ Damages or does it have to be my tenant whom sues the carpet cleaning company as they paid the fees/ contracted with the carpet cleaners.

 

There is a bit more to the story but that's the main gist of it, in order to keep as succinct as possible.

 

Any help much appreciated

[citizenB]

I would think that it is the Carpet Cleaner that needs to be sued - as to who actually does the suing.. I don't know. I will try and find someone who can help.

[billybobynumeroduo]

Thanks for your speedy response, CitizenB,

 

regards

 

BB

[citizenB]

Have you spoken to the tenant about this

 

Have either you or the tenant spoken to the cleaning company ?

[billybobynumeroduo]

Hi yes spoken to the tenant.

 

The tenant has moved quite far away now. I am waiting for the tenant to send the paperwork through for the CC company.

 

The C cleaning company are putting their head in the sand and want nothing to do with it. The Company claims to have liability insurance however their insurance company wont deal with me directly.

 

I have spoken to other cleaning companies who have confirmed that the job has been done badly.

[45002]

Hi all,

 

my tenant upon moving out hired a carpet cleaner to clean the carpet.

 

The cleaner came a couple of days ago did their job and left, the carpets were still damp after 24hours and not to mention shrunk!

 

The letting agent still has the tenants £1800 deposit and the carpet to replace is around the same amount.

 

1. Is the tenant able to sue me if the deposit is not returned through small claims?

 

2. Can I sue the carpet cleaning company as I have suffered Loss/ Damages or does it have to be my tenant whom sues the carpet cleaning company as they paid the fees/ contracted with the carpet cleaners.

 

There is a bit more to the story but that's the main gist of it, in order to keep as succinct as possible.

 

Any help much appreciated

 

 

.

 

So how much has your carpet actually shrunk bye !

[billybobynumeroduo]

I will post pictures up once I have them to hand

rgds

 

BB

[citizenB]

Hi yes spoken to the tenant.

 

The tenant has moved quite far away now. I am waiting for the tenant to send the paperwork through for the CC company.

 

The C cleaning company are putting their head in the sand and want nothing to do with it. The Company claims to have liability insurance however their insurance company wont deal with me directly.

 

I have spoken to other cleaning companies who have confirmed that the job has been done badly.

 

Have you spoken to your own Insurer ? They might be able to communicate with the Cleaning Company's Insurer.

[The Carpet Cleaners]

The problem you may have is this.... All good carpet cleaners will have "treatment risk" cover as an extra on their liability insurance, if they have not, then they are not covered for the carpets that they are cleaning, only for damages to property other than the work being carried out.

A lot of the "cowboy" cleaners either do not have liability insurance at all, or just the basic insurance.

You as the carpet owner should issue a letter before action to the carpet cleaner for full replacement carpets. If he is a professional, he will instruct his insurance to deal with you, and you will be sorted. If not, then you may start to have problems, as if he is a cowboy cleaner, then he will close his business in the current name, plead poverty and you will really struggle to get any money at all.

 

What part of the country are you in? and can you name the carpet cleaning company?

[billybobynumeroduo]

Am in the south, am I allowed to name the carpet cleaning company on the forum?

 

Thanks for your post, sound advice this is spot on!

[citizenB]

Yes, you can name the Company

[silverfox1961]

Hi

My initial thoughts are:

 

Your claim is against the tenant for the cost of the replacement carpet however, I would get a few quotes to find the cheapest so you cannot be accused of making a profit from the deposit.

 

The contract with the carpet cleaner is with the tenant and it should be they that contact them to arrange compensation for their losses to you. I think any court action should not be against you but the tenant and the carpet cleaners

[45002]

Am in the south, am I allowed to name the carpet cleaning company on the forum?

 

Thanks for your post, sound advice this is spot on!

 

So can I ask you this

 

.

 

So how much has your carpet actually shrunk bye !

 

Thank you...

[billybobynumeroduo]

Hi

My initial thoughts are:

 

Your claim is against the tenant for the cost of the replacement carpet however, I would get a few quotes to find the cheapest so you cannot be accused of making a profit from the deposit.

 

The contract with the carpet cleaner is with the tenant and it should be they that contact them to arrange compensation for their losses to you. I think any court action should not be against you but the tenant and the carpet cleaners

 

This is one of the scenarios I was imagining.

 

I suppose this would be easier in the long run as less bother dealing with the cleaning company

[The Carpet Cleaners]

If you can do it that way round, you would be better off, and it would serve your tenant right for getting the cheapie carpet cleaner that they did.

 

The cleaners have not got treatment risk cover, so you would be very unlikely to get anything back. You could suggest to the tenants that they get a carpet fitter in, who would stretch the carpet back to the grippers, and that you want your property back in the same state as they got it.

 

They could also report them to check a trade as well.

 

They have over-wet the carpets, as they should be touch dry after 3-4 hours and fully dry after 8-12 hours.

[billybobynumeroduo]

If you can do it that way round, you would be better off, and it would serve your tenant right for getting the cheapie carpet cleaner that they did.

 

The cleaners have not got treatment risk cover, so you would be very unlikely to get anything back. You could suggest to the tenants that they get a carpet fitter in, who would stretch the carpet back to the grippers, and that you want your property back in the same state as they got it.

 

They could also report them to check a trade as well.

 

They have over-wet the carpets, as they should be touch dry after 3-4 hours and fully dry after 8-12 hours.

 

Thanks for your advice Spot on again!

 

Many thanks

 

Regards

 

BB

[raydetinu]

As the tenant arranged this, it will be tenants responsibility to sort out with the carpet cleaners.

I presume the deposit is protected.

You need inform the scheme of the problem and how much you want to replace damaged carpet ( lees wear and tear from the original cost of the carpet; i.e. not cost of new carpet ).

The scheme should then release any amount not in dispute and this should be repaid to the tenant within 10 days of them leaving.

Yes the tenant can sue for the return of the deposit at any time, and you could counter sue for carpet.

[45002]

As the tenant arranged this, it will be tenants responsibility to sort out with the carpet cleaners.

I presume the deposit is protected.

You need inform the scheme of the problem and how much you want to replace damaged carpet ( lees wear and tear from the original cost of the carpet; i.e. not cost of new carpet ).

The scheme should then release any amount not in dispute and this should be repaid to the tenant within 10 days of them leaving.

Yes the tenant can sue for the return of the deposit at any time, and you could counter sue for carpet.

 

Spot on advice...

 

 

There is a bit more to the story but that's the main gist of it, in order to keep as succinct as possible.

 

 

 

 

So why won't the OP answer this simple question , how much has this carpet shrunk bye !

[billybobynumeroduo]

Hi All,

 

here's a short selection of the photos to show the carpet shrinkage rather than try and describe it!

[billybobynumeroduo]

photos specially for you 45002! Only joking, hehe hope this is helpful for all involved in the thread and thanks again for all the help and advice.

 

Regards

 

BB

[mariner51]

Can't see any gripper battens in any photo's, which may have prevented such minor shrinkage.

[citizenB]

I don't think I would be happy with that either - it looks ugly doesn't it

[The Carpet Cleaners]

I can see gripper rods there, and yes it can quite easily be re-stretched to fit back on.... However.... that looks like poly prop carpet, which takes an awful lot to shrink.... If it was Belgian Wilton or sisal then I could understand it. But to shrink a polyprop and to get the rippling to stay up that long after the clean.... They must have put a heck of a lot of water down, and not extracted it back up.

[45002]

photos specially for you 45002! Only joking, hehe hope this is helpful for all involved in the thread and thanks again for all the help and advice.

 

Regards

 

BB

 

Looks like you have NO evidence then !

[Steve__M]

Looks like you should discuss with tenant the option of rectifying the shrinkage by you getting a carpet fitter in before more expensive options of replacement.