Hi Jennyn
You are entitled to be compensated for any item deemed by the Tribunal to be more than fair wear & tear. The term is relevant to the tenant's situation. If you agreed to occupation of the property by tenants comprising 1 adult and 5 kids under 10 years old, a greater amount of "damage" could be classed as "wear & tear" , and as such, permissable for the tenant and not claimable for you.
In this case, get as many clear photos as possible with items in the photo to show scale such as a box of matches, pack of cigarettes, today's newspaper (front page, good for fixing date of photo). Get min 2 quotes for repair and 2 quotes to replace the carpet. Get stat dec statement or a personal appearance from the PM detailing :
1. the non-existence of the stain prior to this tenant by showing the condition report at the commencement of the tenancy. The tenant must leave the property as they found it excluding fair wear and tear.
2. the detrimental financial effect on rent level for next tenant (not applicable to the stain maker as they should live with it) and
3. financial loss from re-let delay with stain if the property was to be relet this week.
Get the job done without delay to your satisfaction, while you are waiting for a tribunal hearing.
Expect the likelihood of any tenant to move if you win (sorry, already moved, don't you love 20:20 hindsight). You have your rights, and with damage to carpets I believe in enforcing them, and under the same lease, the tenants have theirs.
good luck
cheers
