Help needed quickly. Stains to carpet and tenants obligations

[tubs]

Hi all

I've got a bit of a problem.

We have a house which was 2yo when we bought it and we rented it out. The lease expired a couple of weeks ago and the bond is about to be returned.

However, there's a stain in the carpet in one of the bedrooms. Its quite noticeable and is large (around 1m x 0.5m). According to the carpet cleaners they can't get it out, although they've done as much as they can (and its better than it was). The cleaners said that the tenants have tried to get the stain out and whatever they used is reacting with their chemicals which makes it impossible to go any further.

However, the carpet was in perfect condition when the tenants moved in. According to the agent, the tenants are only legally obliged to make as much effort as possible to remove the stain. If it turns out that the damage is not reversible then there's nothing more that can be done. They can't be forced to replace the carpet in that room.

Is this true? I would have thought that they are responsible for returning the house to its original condition (minus fair wear and tear).

Please help!

Thanks

Tubs

PS Property is in Vic.

 

[Delta]

Hi all

I've got a bit of a problem.

We have a house which was 2yo when we bought it and we rented it out. The lease expired a couple of weeks ago and the bond is about to be returned.

However, there's a stain in the carpet in one of the bedrooms. Its quite noticeable and is large (around 1m x 0.5m). According to the carpet cleaners they can't get it out, although they've done as much as they can (and its better than it was). The cleaners said that the tenants have tried to get the stain out and whatever they used is reacting with their chemicals which makes it impossible to go any further.

However, the carpet was in perfect condition when the tenants moved in. According to the agent, the tenants are only legally obliged to make as much effort as possible to remove the stain. If it turns out that the damage is not reversible then there's nothing more that can be done. They can't be forced to replace the carpet in that room.

Is this true? I would have thought that they are responsible for returning the house to its original condition (minus fair wear and tear).

Please help!

Thanks

Tubs

PS Property is in Vic.

Check your property condition report signed by the tenant at time of lease.

If that stain was not stated in the report, you have the right to take the matter to VCAT and claim against the Bond Money. Your P/M should know this.

At VCAT, produce a photograph of the stain and the condition report.

VCAT will usually award you a sum of money which is deducted from the Bond Money.

 

[geoffw]

As a tenant (in the ACT), I had small children (that's going back a lot of years now). When we left, there was one stain which was irremovable- the PM found somebody who could match that piece of carpet, and could replace just that small section. The mend was extremely well done.

She had been otherwise completely happy with us as tenants, so was OK to take the minimum cost solution.

 

[Simon]

We once had the same situation. The end result was that we kept $200 of the bond for accelerated depreciation of the carpet.

Was worth more to us but it wasn't worth fighting or so the PM told us.

 

[slades]

Carpet Stains

I wouldn't accept the agents view on a 1mtr x .5 mtr stain as being fair wear and tear by anyones definition and I've never heard of the 'reasonable attempts to clean it' rule. I've been on both sides of the fence in QLD and for a stain that big and considering the age of the carpet etc, I'd be looking at a sizable contribution towards repair or replacement. There are carpet layers who do repairs where they can match up carpets that aren't too old and worn and it is a lot cheaper than a whole new carpet. Another good trick is to carefully cut out the damaged piece and swap it with a piece from the builtin wardrobes where it is the same carpet and nobody really notices..and slug the tenant anyway!

 

[geoffw]

Another good trick is to carefully cut out the damaged piece and swap it with a piece from the builtin wardrobes where it is the same carpet

I like this bit.

and slug the tenant anyway!

But I don't like this bit.

I like to treat tenants (and employees) fairly. Some don't. Thast's just me.

 

[crest133]

Sounds like a very weak PM lying and trying to take the easy way out at your expense.
The tenants must leave the property as they found it, but allowing for fair wear and tear, and the condition in which they found it is proven by the inbound Condition Report they signed.
A noticeable stain measuring 1m x .5 m is not fair, it is excessive, and the tenants should pay for compensation or rectification.

The wardrobe trick is good, or transplant from the smallest room and replace the smallest room with new carpet of nearest match, or transplant a piece from the under bed area of a small room.
Ensure you have plenty of clear photos with rulers on the carpet and not less than 2 quotes if going to Tribunal.
If the next tenancy must be at a lower rent due to carpet damage, there is measureable loss. Any reasonable cost incurred in rectifying this damage should be claimed from the tenant. In estimating any losses, the remaining life of the carpet should be taken into account. No claims are allowed for trashy old carpet. Be fair, be accurate and be thorough. You must also ensure you act quickly and in a way that minimises ("mitigates") the loss if you are claiming against the tenant & bond.
Usually claims against tenants for damage to carpet are unpleasant encounters, and usually a sour partial win at best.
cheers & good luck
crest133

 

[natmarie73]

Hi tubs,

I don't know about Victorian legislation, but I recently had the almost exact same problem with a house in QLD. Tenants left and the hallway carpet, which was only 6 months old and undamaged when they moved in had lots of small cigarette burns in it (?!?). The PM basically told me that it was the tenant's obligation to replace the carpet out of their bond money if that was what I wanted to do (which is what I did).

As the landlord, I would expect the carpet to be replaced if the tenants caused the stain - why should subsequent tenants live with their stain and why should the landlord pay to fix it. That's what bond money is for in my opinion.

cheers

 

[The Y-man]

Is your carpet insured for damage? Might be cheaper and quicker to put in a claim.....

Cheers,

The Y-man