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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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Hi I moved into a property 2.5 yrs ago that had new carpets

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Hi I moved into a property 2.5 yrs ago that had new carpets and was freshly painted. It has had some wear and tear as I have three children but nothing bad. The landlord is now saying that it was in new condition when I moved in and needs to be repaired... Surely thee is wear and tear after 2.5 yrs and I know from being a landlord myself that we can get tax relief for this very reason

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is the nature of the wear and tear?
Customer: replied 4 years ago.
They have said stains on the carpet with some fire holes close to the fireplace( there was no fire guard). There are two holes from cinder I would regard as small. I had the carpets professionally cleaned and they noted that they were reasonable for the age. The walls have some blue tak marks. There are a few but not to a great extent. I cleaned the walls with sugar soap before I left.
What are the stains?
Customer: replied 4 years ago.
Just wear and tear really, nothing specific. I had permission to have a dog but he didn't cause any carpet problems. Probably food that has been dropped? I used many rugs to try to protect the carpets as much as possible. I am a professional person, a medical consultant, and was as careful as I could be in the house
Thank you.

Obviously all properties will be susceptible to wear and tear. Nobody has a house that looks as it did 2 1/2 years ago.

The definition of wear and tear is a question of fact for the court.

Obviously the problem with things like staining is that it can be caused through reasonable use, it can also be caused by wilful damage or just careless conduct. Which category this falls into is a question for a court.

I think, overall, if this were to go to court then from what you say a court would probably conclude that this was reasonable use.

Even if the court is of the view that you should have been more careful, the landlord is not entitled to replace older carpets with the new at your expense. A carpet will generally be held to decline in value at the rate of 20% a year so he is facing nearly 50% reduction in the price even if he wins which is unlikely.

If he deducts the cost from your deposit then you can always sue at the Small Claims Court and I suspect you would win.

Can I clarify anything for you?

Customer: replied 4 years ago.
That's great. I assume the same applies to new paintwork?
The rates of reduction are different with paintwork but otherwise it applies.

The rates of reduction are to be defined by the court with paintwork.
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