Does The Carpet Needs Replacing as a Result of Being Heavily Damaged?

LWhitecat64 on 03/01/2019 - 15:58

Hello,

I'm currently in a dispute with the real estate regarding the "serve damage" to the carpet which i believe to be fair wear and tear as this was done over the course of 2 years by computer chairs which all the tenants used. When we moved out the real estate requested us to pay $1500 which is the full amount to replace the carpet in all 4 rooms, since then we have negotiated them down to $750 which i believe is still excessive.

They refuse to let us try and fix the carpet by getting it re-fluffed or steam cleaned and are only willing to accept the full replacement, this is why the carpet is still dirty. The house was brand new 2 years ago and we were the first tenants to move in.

Am i wrong to consider this as fair wear and tear and should i pay the $750?

https://imgur.com/a/mmii6O2

Home & Garden

Comments

  • Fergy1987 on 03/01/2019 - 16:03
    -5

    Screw that! That's wear and tear! I wouldn't pay a cent. What are you meant to float in the air every time you walk into a carpeted room and suspend your furniture from the roof.

  • whooah1979 on 03/01/2019 - 16:21
    +5

    over the course of 2 years by computer chairs

    Did you use a chair mat?

    • Whitecat64 on 03/01/2019 - 16:35

      None of us tenants used any sort of chair mat in the time we were living there, the carpets condition was never mentioned once during inspections.

      • whooah1979 on 03/01/2019 - 16:37

        QCAT is your next option.

  • sheamas88 on 03/01/2019 - 16:22
    +5

    They sell protective floor mats specifically to stop this type of damage from computer chairs. I would definitely recommend getting some for next time. Most household carpet and hardwood floors will not stand up well to regularly used computer chairs.

    I'm on the border about this one, it does not look too bad from the photos, but being a brand new house I think that carpet is probably in a worse state then I would expect. I'm only referring to the wear from the chairs though, the dints in the carpet would be considered fair.

    Just dispute the claim with your states *CAT and they will probably side with you if it is a borderline decision.

  • tsunamisurfer on 03/01/2019 - 16:22
    +9

    I expect carpet to last longer than 2 years.

    The OP has been the first (and I assume the only) tenants to be there since the build completed.

    A trashed carpet after 2 years is not reasonable, if I was the landlord I would not budge from the initial $1500.

    • pais on 03/01/2019 - 22:24

      Most of it is OK (and general wear and tear), but pictures 10 and 11 show significant wear that I would assume the user should use a mat or some other protective layer to protect the carpet.

      I expect carpet to last longer than 2 years.

      A flooring manufacturer would dismiss the claim fairly easily given the obvious signs of heavy use.

      Everywhere else the carpet is OK and I would tell the realtor you'll replace the one room and they can take you to VCAT for the rest.

  • SydStrand on 03/01/2019 - 16:23

    IMO, that looks like normal wear and tear. Complete replacement seems like overkill.

  • wizzy on 03/01/2019 - 16:24

    I would think that the stains are reasonable wear and tear, as long as most of them come out with cleaning, but I'm not sure about that big circular mark. I can't tell from the photos what it is. Has the carpet actually worn away there, or has it just flattened out?

    If flattened out I would think that it is reasonable wear and tear and doesn't need replacing. But if it has worn away, then no, that should not happen after two years. If it has actually worn away then I think you should pay (and use a plastic floor mat under your computer chair to stop it happening next time).

    • Whitecat64 on 03/01/2019 - 16:32

      Its just been flattened out and I've been told that if it was to get refluffed it would be close to brand new but the real estate refused entry to the company to get a quote.

      • sheamas88 on 03/01/2019 - 16:43

        In that case I imagine your lease expired? If so then they have no obligation to allow entry to the property anymore. I'm not sure if they are required to allow you to fix the damage yourself after the lease has ended, as you should have had any repairs done on your own time, not theirs.

        When was the finial inspection done in relation to the lease end date?

        • Whitecat64 on 03/01/2019 - 16:58

          There was multiple inspections during the 2 weeks the property was vacant before the lease expired and the most that was said was "Carpets to bedroom 1 and 3 will need extra attention when the carpet cleaner attends as there is evidence of staining" there was never a mention of replacement or repairs until 2 days after the lease expired.

          • sheamas88 on 03/01/2019 - 17:06

            @Whitecat64: They asked you to get the carpets cleaned? In your OP you say that the carpets still haven't been cleaned, but you didn't find out until after the lease expired that they want it replaced, so seems like you should have had the cleaning done already as there was no reason for you to not do it at that point.

            If you left it up to them to get it cleaned, then that was a mistake, as now you have left it up to them and their cleaner to decided the course of action to take. After the lease expires, any work that needs doing on behalf of the tenant would normally come out of the bond. Your only option is to pay it or challenge it now. I don't think they will be allowing you to fix it yourself.

            • Whitecat64 on 03/01/2019 - 17:17

              @sheamas88: We hired their recommended bond cleaners whom appeared to clean the carpets as they were damp and looked cleaned when we inspected about an hour later. But when we regained entry to the house after the lease expired to clean the spots the bond cleaners missed for the 2nd time the carpet appeared in that condition and didn't look clean. We have offered to have it cleaned but they are refusing since they want it all fully replaced.

      • robbyjones on 03/01/2019 - 16:45
        +1

        Then I would refuse to pay anything, you have offered to repair the carpet by an expert and they don't want that. Perhaps they are concerned that the re-fluffing (sounds so dirty) wont have the effect they want. Get a written quote from the company so you have evidence and make sure you get your agents refusal in writing then let them take it to Tribunal. I would call the relevant consumer advocate in your state, they are normally very helpful.Once you have the quote I would email the agent with a timeline of events and your take on what has transpired and that you believe what you are offering is a fair and equitable solution and that replacing the carpet is not. Note that I don't think that it is fair wear and tear and I would expect repair or replace if it were my property

        • bobbified on 03/01/2019 - 17:40

          the re-fluffing (sounds so dirty)

          I know what you've been watching! :p

      • wizzy on 03/01/2019 - 16:48
        +1

        Who told you this? If it was a professional carpet cleaning company who has looked at the carpet in person then I would get them to put it in writing. If they didn't see it in person, and are just relying on these same photos that we are looking at, then they probably can't really tell what the damage truly is.

        As well as using plastic chair mats under your computer chairs to prevent this type of damage in the future, it is a good idea to get the carpets professionally cleaned BEFORE the final inspection to avoid these types of problems. If you have already vacated the property and left the carpets this way, then you may have lost the trust of the real estate agent and landlord - which is why they don't trust you to try and fix it now.

        • Whitecat64 on 03/01/2019 - 17:06

          They were just relying on photos as they were refused entry when trying to get a quote.

          • wizzy on 03/01/2019 - 17:27
            +2

            @Whitecat64: Then I think you should pay. You left the carpets like that. Your chance to have them cleaned has passed. Divide the cost between all of the people who caused the damage and write it off as a life lesson.

            Is it going to be deducted from your bond?

            • Whitecat64 on 03/01/2019 - 17:33

              @wizzy: I don't believe so, they have already tried to claim the full bond amount which is excess of a full carpet replacement. This was all before they had even messaged us about replacing the carpet and they tried to hide the fact they had done so and we only found out due to calling the RTA to discuss what we should do with the carpet.

              • wizzy on 03/01/2019 - 17:38

                @Whitecat64: Why are they claiming the full bond money? Is there other damage?

                • Whitecat64 on 03/01/2019 - 17:40

                  @wizzy: No, we have fixed everything else and the claim is for carpets only according to the letter i received from the RTA.

                  • wizzy on 03/01/2019 - 18:33

                    @Whitecat64: So the $750 is in addition to the full bond money? What is the total amount?

                    • Whitecat64 on 03/01/2019 - 19:29

                      @wizzy: We have already lodged a dispute for the bond but the total would be $2040+750 so $2790

                      • wizzy on 03/01/2019 - 19:38

                        @Whitecat64: OK I understand now.

                        Well I do think you should pay, but make sure the real estate agent provides you with a written quote from the carpet installer. You should only pay what the actual cost of replacement is, not what the real estate agent "thinks" it should cost. I would not pay until this written quote is provided. The bond money may cover the total cost if you are lucky.

  • BensonP on 03/01/2019 - 16:29

    On a side note, that carpet isn't worth more than $40 a square metre including underlay and installation.
    I just did carpet in my house before selling.

    And if they are really concerned, they can replace just the bedroom, all 4 is rediculous.

  • [Deactivated] on 03/01/2019 - 16:40

    if you wanna continue renting in the future pay up

  • chumlee on 03/01/2019 - 17:12

    Speak to a tenant union in your state

  • swapsey on 03/01/2019 - 17:16

    If they don't budge say you will get three quotes and present the middle one as the one you will pay. Like for like carpet, no frills.

  • blonky on 03/01/2019 - 17:19

    I recall reading somewhere that it's the tenant's responsibility to mitigate excessive/accelerated wear and tear; and the specific example was a computer chair by using a chair mat.

    Based on that, it appears the tenant is unlikely to have mitigated the computer chair damage in this instance and would be liable. However, the amount they will be liable for should be adjusted for the age vs lifespan of the carpet ie 80% of the new replacement cost (8/10yrs remaining) for the damaged sections.

  • [Deactivated] on 03/01/2019 - 17:38

    You should have used a chair mat.

  • Hybroid on 03/01/2019 - 17:46
    +1

    For anyone reading this in the future, rent something like a RugDoctor (other brands exist) for $30-40 and do the carpet yourself even if you get a company in to clean the whole home. This ensures you can go over any patches repeatedly and not lose your deposit.

    Example: https://www.bunnings.com.au/for-hire-rug-doctor-carpet-clean…

    • HighAndDry on 07/01/2019 - 12:05

      Or use a chair mat. Literally what they're supposed to be used for.

  • mbck on 03/01/2019 - 19:29
    +3

    2 years is not fair wear and tear lol. If you've been there for 8.years maybe, but 2, no way. That's damaged.

    Maybe ask to just change the one room instead of everything

  • Quantumcat on 03/01/2019 - 20:09

    If they were concerned about the carpet they should have told you to start using chair mats after their first inspection

    • sheamas88 on 04/01/2019 - 09:31
      +1

      What? It's the tenants responsibility to ensure they are not causing damage to the property. If OP were putting hot pans directly onto the kitchen top and it was causing damage you can't blame the landlord for not telling them to use a trivet. Tenants are expected to look after the property without the landlord hassling them. Just like landlords are expected to keep the maintenance up on the property without the tenants having to hassle them.

      Most people know desk chairs cause this kind of damage and they sell mats specifically for it. Not the landlords fault OP didn't know or care enough to mitigate it. This damage didn't occur overnight.

      • Quantumcat on 04/01/2019 - 12:31

        What is the point of the inspections every six months if the real estate agent makes no comments about the condition the house is being kept in?

        • pais on 04/01/2019 - 14:48
          +1

          They may not have noted the circle from heavy use as it would've been mostly covered by the chair that was causing the damage.

    • HighAndDry on 07/01/2019 - 12:05

      Or OP could've taken some care with the landlord's property, or risk losing their bond as is happening.

  • eggles01 on 04/01/2019 - 19:21

    take a couple of photos and measure the rooms and take them to a carpet supplier and get a quote for the same carpet also get in touch a steam cleaner company and ask them to have a look and ask their opinion on whether the marks would be removed with their steam clean methods,you need to get a move on to settle this as the real estate may be able to charge you the current until the place is able to be rented again,RING DEPT FAIR TRADING IF THEY CANNOT ADVISE YOU THEY WILL BE ABLE TO STEER YOU TO A PLACE THAT CAN ADVISE YOU

  • Bronnie on 05/01/2019 - 20:18

    As it has only been 2 years, it is reasonable to have to put some money (but not the full price) towards new carpet in only the rooms where the carpet is not of a standard required to get a decent rent (as befitting the rest of the premises). It is often necessary to repaint a house/unit after a tenant of a couple of years, but usually the carpet should last at least 5 years+.
    I have been a landlord, and had a tenant leave an iron scorch mark in the middle of the lounge carpet. They were not happy to pay just $50 for their damage, as they said that "we were getting a new carpet anyway".

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