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TAS Tenants Rights - Replace Damaged Carpet?

Discussion in 'Property Law Forum' started by ditch_26, 24 February 2015.

  1. ditch_26

    ditch_26 Member

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    We have recently moved out of a rental property. Unfortunately, in the last week we stained the lounge room carpet with cordial. We understand that it is our responsibility to get it fixed, and the rental manager is not willing to get a patch job, which is about $150-$200, and is wanting to re-carpet the whole room at a cost of $2500. In our lease condition report, it states the carpet is already damaged by water before we moved in, and I'm not sure it's entirely fair to put the whole re-carpeting cost on us when it was already in a poor condition. Your advice would be much appreciated.
     
  2. Rod

    Rod Well-Known Member

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    Cost will also depend on age of the carpet and current type of carpet. They have to replace like with like and not upgrade. Also if the carpet is >5 yrs old they will have a hard time justifying much of the cost. $2,500 seems excessive for one room. Is it a very large room?
     
  3. ditch_26

    ditch_26 Member

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    Its the main lounge room, so at most its 5m x 7m. Carpet is roughly charged at about $180 a meter, but cheaper carpet is about $50 so that would save some costs. It would most likely by more then 5 years old. I cant get another quote yet until someone else comes to look at it since we have moved out, so cant say what a good price is.
     
  4. Rod

    Rod Well-Known Member

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    Have you tried having the carpet professionally cleaned?

    In the first instance you tell the real estate agent you are not paying to improve the landlords property. Hopefully you have before and after photos.

    Once the real estate puts the demand in writing, then you reply in writing asking to see the cost of the original carpet and date of installation, and see the quote for the replacement. At this stage in writing you do not admit or concede anything and say nothing about age and fair wear and tear, you are just fact gathering for the moment. Finish your request for further information with 'We continue to reserve all our rights'. Look to see if the new quote includes underlay.

    Once you have this information you will better know how to proceed to the next stage which may be listing the reasons why you do not have to pay anything. IE Age of carpet and pre-exiting stain. Wait for a response.
     
  5. Ivy

    Ivy Well-Known Member

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    Hi ditch_26,

    In addition to Rod's advice, have you had a look at the information on the Residential Tenancies Commissioner webpage about disputing a bond? Consumer Affairs and Fair Trading : Bond disputes
    In this kind of situation, it may well be worth you involving the Commissioner. All of the contact information is on the page I linked you to. I would definitely give them a call.
     
  6. ditch_26

    ditch_26 Member

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    Thanks guys,

    I have rang and sent multiple emails now, and its about a month since we moved out and still nothing has happened. I thought any damages had to be fixed within a week of been notified? The carpet was professionally cleaned and wasn't able to remove the stain. They haven't provided any receipts for the new carpet or the original carpet installation after asking for them 3 times now.
     
  7. Rod

    Rod Well-Known Member

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    It could be the landlord is trying to find old paperwork so don't get your hopes up yet.

    Nothing happening however may be good for you. You made the request for more information which they ignored. If they take you to court as the next step you have a valid defence.

    You do not have to do anything now, just make sure you save the call logs and emails and wait.
     
  8. ditch_26

    ditch_26 Member

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    Finally got a reply. One quote is a total cost of $2450, and the other has a breakdown of costings. It says lounge room at about $1700, along with costs for each of the other rooms. Looks like they are trying to replace the entire house. They did not have an orignal cost or date of installation.
     
  9. Rod

    Rod Well-Known Member

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    I'd be saying the carpet is over x years old and you are not paying anything. Let them try to prove otherwise. Not sure what period is used for depreciation.

    BTW, if it looks like you will need to pay something, then query whether underlay included and if the quote for new carpet specifies the same type/quality as the old one.
     

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