damaged carpet - PM advises we can only claim a portion of replacement costs

[Mamaof3]

Ok here's the story. Our 2yr old house was rented to a couple of students. They vacated last week and when we went through after they'd left we found that in bedrooms 1 and 2 there were a 1.5m x 1m square patch of carpet that looks like it has been sewn back on. Tenants claim they burnt the carpets with a hairdryer (i suspect they may have been cooking or something in there) so they supposedly had a carpet repair guy come out and repair the carpet (clearly a job they did themselves). What they've done is cut out a large chunk of carpet, gone and bought a new matching piece of carpet and sewn it back. Looks dodgy as and first thing you notice when you see the bedroom.

Had a carpet repairer look at it and He advises that its beyond repair and needs to be replaced. PM advises that we can only charge Tenants a portion of the cost to repair worked out by the square meter of damaged carpet in relation to the area of the whole room.

To me that sounds ridiculous because why exactly are we going to be out of pocket for something that the Tenants damaged?! Doesn't sound right to Me. Have rung OCBA but they just told us it depends on age of carpets (only 2yr old house), state of carpets at beginning of tenancy (good as new) etc. OCBA said to put in the claim with the Tenants and if they object then the case goes to the Tribunal.

Anyone been in the unfortunate situation of being through something similar and what was the outcome?

Any thoughts would be great!

p.s. have advised PM to tell Tenants we will be claiming cost of replacing carpets but she has not gotten back to me...

 

[Sez]

Laws vary from state to state. It is unfortunate that there wasn't a professional patch done in the first place as this would have saved a lot of heart ache! In VIC the amount that you claim against the tenants is generally depreciated. Approx. 10% for each year the carpet has been in the property. In your case you would likely be awarded the cost for the carpet replacement minus 20% depreciation. Given that it was in excellent condition when they moved in you MIGHT get a little more.

Put the claim forward to the tenants and if they refuse then go to tribunal. Worst case scenario they will only award what your PM originally quoted you which means you've got a PM who really knows their stuff! At least then you won't be left wondering 'what if'.

 

[mattysavager]

Hi There,

I agree with Sez. In QLD there is really no way of working out what can be claimed (i.e. floor area etc). It's always a process of negotiation.

Will you replace the carpet in the bedrooms right away or are you just seeking compensation? If you are replacing the carpets, hopefully you will be able to match any existing carpet in the house. As it sounds like a large area of damage, I'd be pushing for a large portion of the replacement cost.

If it was just a small iron burn or tear, different story, but it sounds like the carpets are 'ruined' rather than 'damaged' so I think that the courts will rule favourably if it goes that far.

Matthew

 

[Doovalacky]

Perhaps take off 10% off the total replacement cost in that room as 2 years old. Make sure you have plenty of clear photo's before its replaced.