A colleague is in dispute with an ex landlord regarding damage to a 
carpet in a room. The deposit is protected by Mydesposits and my 
understanding is that it is an insurance based scheme. A dispute has not 
yet been lodged but will be soon. A couple of questions:

1. The total deposit was 500. The landlord is wanting 80 to replace a 
carpet. If a dispute is lodged I understand that 'the disputed amount is 
handed to the TDS'. Does this mean that the tenant should receive the 
undisuputed amount (i.e. 420) within a reasonable time (presumably 10 days)?

2. Due to unrelated issues with the tenancy (general poor state of 
repair of the property, unproffessional behaviour by the landlord e.g. 
failure to repair outstanding faults, entering the property for 
non-emergency reasons without notice etc.), there is a suspicion that if 
the landlord retains the 80 pounds that it won't be used to replace the 
carpet. My colleague is still in contact with current tenants so would 
be able to determine whether the carpet has been replaced. Would there 
be a reasonably time within which this should be done, and if not would 
it be possible to recover the amount through a claim in the small claims 
track?

3. The damage looks like slight scorching of a small area of carpet. The 
landlord is claiming this was from hair straighteners. My colleague 
disputes that she caused this. There was no inventory signed either at 
the start or end of the tenancy. The property is in a generally poor 
state of repair. The landlord is claiming 80 pounds for complete 
replacement of the carpet (which sounds like a reasonable amount for a 
lowish quality material). My colleague doesn't think replacement of the 
carpet is warranted given the general state of the property. I assume 
the Dispute Resolution Service would be deciding on the balance of 
probabilities whether the tenant is responsible, and whether complete 
replacement is appropriate.

4. I have given my opinion that my colleague should stick to the facts 
of the specific issue, rather than bringing in any of the other issues 
regarding the general behaviour of the landlord. Would this be correct? 
If comment on their behaviour would be useful information for the 
Dispute Resolution Service it is possible my colleague could obtain 
statements from current (and past) tenants.

Thanks in advance.

"Chris"  wrote in message 
news:hcrh7c$ohl$1@gemini.csx.cam.ac.uk...
>A colleague is in dispute with an ex landlord regarding damage to a carpet 
>in a room. The deposit is protected by Mydesposits and my understanding is 
>that it is an insurance based scheme. A dispute has not yet been lodged but 
>will be soon. A couple of questions:
>
> 1. The total deposit was 500. The landlord is wanting 80 to replace a 
> carpet. If a dispute is lodged I understand that 'the disputed amount is 
> handed to the TDS'. Does this mean that the tenant should receive the 
> undisuputed amount (i.e. 420) within a reasonable time (presumably 10 
> days)?
>
> 2. Due to unrelated issues with the tenancy (general poor state of repair 
> of the property, unproffessional behaviour by the landlord e.g. failure to 
> repair outstanding faults, entering the property for non-emergency reasons 
> without notice etc.), there is a suspicion that if the landlord retains 
> the 80 pounds that it won't be used to replace the carpet. My colleague is 
> still in contact with current tenants so would be able to determine 
> whether the carpet has been replaced. Would there be a reasonably time 
> within which this should be done, and if not would it be possible to 
> recover the amount through a claim in the small claims track?
>
> 3. The damage looks like slight scorching of a small area of carpet. The 
> landlord is claiming this was from hair straighteners. My colleague 
> disputes that she caused this. There was no inventory signed either at the 
> start or end of the tenancy. The property is in a generally poor state of 
> repair. The landlord is claiming 80 pounds for complete replacement of the 
> carpet (which sounds like a reasonable amount for a lowish quality 
> material). My colleague doesn't think replacement of the carpet is 
> warranted given the general state of the property. I assume the Dispute 
> Resolution Service would be deciding on the balance of probabilities 
> whether the tenant is responsible, and whether complete replacement is 
> appropriate.
>
> 4. I have given my opinion that my colleague should stick to the facts of 
> the specific issue, rather than bringing in any of the other issues 
> regarding the general behaviour of the landlord. Would this be correct? If 
> comment on their behaviour would be useful information for the Dispute 
> Resolution Service it is possible my colleague could obtain statements 
> from current (and past) tenants.

Keeping to the facts is sound advice. I would suggest that complete 
replacement is not needed. The tenant is only responsible for the actual 
losses the landlord has suffered so all that can be claimed is the cost of a 
replacement second-hand carpet not a new one.

Peter Crosland

"Peter Crosland"  wrote in message 
news:8OadnQZG4afhxGzXnZ2dnUVZ8oednZ2d@brightview.co.uk...
> "Chris"  wrote in message 
> news:hcrh7c$ohl$1@gemini.csx.cam.ac.uk...
>>A colleague is in dispute with an ex landlord regarding damage to a 
>>carpet in a room. The deposit is protected by Mydesposits and my 
>>understanding is that it is an insurance based scheme. A dispute has 
>>not yet been lodged but will be soon. A couple of questions:
>>
>> 1. The total deposit was 500. The landlord is wanting 80 to replace 
>> a carpet. If a dispute is lodged I understand that 'the disputed 
>> amount is handed to the TDS'. Does this mean that the tenant should 
>> receive the undisuputed amount (i.e. 420) within a reasonable time 
>> (presumably 10 days)?
>>
>> 2. Due to unrelated issues with the tenancy (general poor state of 
>> repair of the property, unproffessional behaviour by the landlord 
>> e.g. failure to repair outstanding faults, entering the property 
>> for non-emergency reasons without notice etc.), there is a 
>> suspicion that if the landlord retains the 80 pounds that it won't 
>> be used to replace the carpet. My colleague is still in contact 
>> with current tenants so would be able to determine whether the 
>> carpet has been replaced. Would there be a reasonably time within 
>> which this should be done, and if not would it be possible to 
>> recover the amount through a claim in the small claims track?
>>
>> 3. The damage looks like slight scorching of a small area of 
>> carpet. The landlord is claiming this was from hair straighteners. 
>> My colleague disputes that she caused this. There was no inventory 
>> signed either at the start or end of the tenancy. The property is 
>> in a generally poor state of repair. The landlord is claiming 80 
>> pounds for complete replacement of the carpet (which sounds like a 
>> reasonable amount for a lowish quality material). My colleague 
>> doesn't think replacement of the carpet is warranted given the 
>> general state of the property. I assume the Dispute Resolution 
>> Service would be deciding on the balance of probabilities whether 
>> the tenant is responsible, and whether complete replacement is 
>> appropriate.
>>
>> 4. I have given my opinion that my colleague should stick to the 
>> facts of the specific issue, rather than bringing in any of the 
>> other issues regarding the general behaviour of the landlord. Would 
>> this be correct? If comment on their behaviour would be useful 
>> information for the Dispute Resolution Service it is possible my 
>> colleague could obtain statements from current (and past) tenants.
>
> Keeping to the facts is sound advice. I would suggest that complete 
> replacement is not needed. The tenant is only responsible for the 
> actual losses the landlord has suffered so all that can be claimed 
> is the cost of a replacement second-hand carpet not a new one.
>
And the old one now belongs to the tenant, who can take it away if he 
wishes... :o)

On 4 Nov, 09:24, Chris  wrote:
> A colleague is in dispute with an ex landlord regarding damage to a
> carpet in a room. The deposit is protected by Mydesposits and my
> understanding is that it is an insurance based scheme. A dispute has not
> yet been lodged but will be soon. A couple of questions:
>
> 1. The total deposit was 500. The landlord is wanting 80 to replace a
> carpet. If a dispute is lodged I understand that 'the disputed amount is
> handed to the TDS'. Does this mean that the tenant should receive the
> undisuputed amount (i.e. 420) within a reasonable time (presumably 10 days)?
>
> 2. Due to unrelated issues with the tenancy (general poor state of
> repair of the property, unproffessional behaviour by the landlord e.g.
> failure to repair outstanding faults, entering the property for
> non-emergency reasons without notice etc.), there is a suspicion that if
> the landlord retains the 80 pounds that it won't be used to replace the
> carpet. My colleague is still in contact with current tenants so would
> be able to determine whether the carpet has been replaced. Would there
> be a reasonably time within which this should be done, and if not would
> it be possible to recover the amount through a claim in the small claims
> track?
>

Apart from the fact that, if she paid for the full cost of a
replacement, she might be entitled to the damaged carpet, don't
confuse the two aspects. Whether the landlord has a valid claim for
the damage, and how much, is one issue. What he does with any money
obtained by agreement or dispute resolution is another. If he spends
it on chocolates and fine wine, I think that would be his free choice.

Toom