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TAS What are Our Property Rights Regarding Carpet Replacement?

Discussion in 'Property Law Forum' started by Katslee, 27 June 2016.

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  1. Katslee

    Katslee Member

    27 June 2016
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    We are vacating a rental property in Tasmania and our agent has said we have to replace the lounge room carpet due to "damage" from our cat. The carpet is cheap and there is only a two-metre by two-metre section that has pulls in it. It is the main thoroughfare from the front door into our lounge. The carpet is at least 7 years old. We have been there for 4 and the previous tenants (friends of ours) were there for 2.5yrs and it was older then.

    They are making us pay 50% of a quote as compensation. Which is $820 for the replacement for the lounge and the hallway (which has no damage).

    What are our property rights?

    I was told if the carpet is 5-10 years old they can't make us pay, and another said that as the landlords purchased the property only 5 years ago, they can't claim for damages as they didnt instal the carpet. We are allowed to have the cat and it is in our lease.
  2. Louise4007

    Louise4007 Well-Known Member

    8 November 2015
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    Hi Katslee

    The carpet, if fixed to the floor & not movable (as in a rug etc) forms part of the rental property & is known as a fixture. Forming part of the property then, it automatically becomes the property of a new landlord / owner when they purchase. Who installed the carpet is irrelevant. The landlord can legally claim, against you for the carpet replacement value due to damage at the time of its' replacement depending on the condition report applicable to your tenancy period.

    Obtain an invoice for the carpet replacement charge from your agent or landlord. If you disagree with it, don't pay it - instead contact the Residential Tenancy Commissioner in Tasmania or the Tenant's Union of Tasmania.

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