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Red Cat | URGENT ADVICE NEEDED! Tenancy law, am I wrong or is the Landlady? |
Me and my partner are in a unique situation. We've been renting a house off of my Aunt for 2.5 years. We never signed a contract, and as it's family, it hasn't been a very proffessionall tenancy.
My query is. I moved in, in Sept 2005. We rented a room for 3 months at £350. They moved to Scotland in Dec 2005, and we then rented the whole house for £550 a month. From Sept - Dec the living room carpet was blue, though they wanted to change that as they has recently painted the room brown from being blue. Before they left for Scotland in Dec 2005, they advised us we could get new carpet in living room if we wished. They actually drove us to the carpet shop, helped pick it out, and paid for the underlining under the carpet! We paid for the carpet costing us £90.
We are moving out at end of month. We paid a £350 deposit, and whilst being here damaged 2 inner doors, cost of repairing which will come out of deposit, which we agree. But we want to take the carpet as we paid for it. CONT
Additional Details
She has disagreed to this, saying when we first started renting this place, it had carpet. So she would expect it to be here when we leave. But we want to take it. I told her that when we started renting it had blue carpet, and they shouldn't have assumed we wanted to leave brown carpet, and should have kept blue to put back down.
I want to take the carpet or if not get compensation for the cost. I have a purchase reeipt. Am I in the wrong? Or is she right? |
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Catwhiskers
|
If there was a carpet in there when you moved in, then there should be a carpet in there when you move out, regardless who paid for it. A contract does not need to be signed and you would normally have to pay for any damage to the property or anything missing. |
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huny
 |
There was a carpet in the property when you took it over so you have to leave the carpet when you go. The house needs to be in the condition it was when you got it. |
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racerman
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She is right. You are obliged to leave the room carpeted, just as it was when you moved in, even if it is not the origional one and it's one that you've paid for. |
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diamond girl UK
 |
the landlady is right. the house was taken on with carpet. you were under no obligation to change it but took up the offer. she never stated that this would only be a temporary measure. if this went to court they could argue that you need to return the house to its original state and replace the brown carpet witha blue one. get over it. its a £90 carpet and for the sake of the family, leave it. where else will you put it anyway? |
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plinkyplonk
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Leave the carpet then leave the house with your dignity intact. |
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sherie j
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Its a tough one because it family and not tenancy agrrement but if it wasnt family and you did have an agreement then im afraid you would have to leave the carpet! |
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radstar67
 |
I think for the sake of £90 and family goodwill you should leave the carpet!
It's not worth it - don't be petty! |
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paulsuperking
 |
90.00 for a carpet, tell me what place you got it from,
i would leave the carpet, and make good all the damage, its family dont upset them, you will lose in the long run |
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Adrian C
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Forget the carpet I wouldn't like to have any family resentments over a cheap carpet that probably would not fit your new home anyway. It is only a guess but I would think you would have to leave it. |
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Marcus
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This is a petty argument, the carpet is no longer worth £90, you did pay a deposit so you have a verbal tenancy agreement, you're agreeing to the repair of two inner doors which reinforces the agreement.
You don't own the underlay and have no claim to it. If you take the carpet it has to be replaced. There's nothing stopping your landlord using what remains of your deposit to pay for the replacement, (there was a carpet when you moved in and there must be one when you leave). The same carpet two and a half years on will cost more than £90.
You can't win, it's just a case of how costly defeat will be. |
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Wicker Park Wears
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In Chicago, any fixture that is attached to the walls, floor must be left with no compensation given the tenant. This applies to things like carpet, blinds, towel rods, etc. |
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ann a
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I think in this case you will find you are wrong to expect to take the carpet or expect compensation.When you rent a property you are expected to leave it in the condition you first found it including all fixtures & fittings.As the 1st person said,for the sake of future good relations with your aunt,just move on & buy yourself a new carpet with whatever is left over from your original deposit,if there is any left over after repairing the damages to the doors. |
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zz12zz13zz
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Don't take the carpet. Are you wanting to the take the carpet because they want to charge you for damage to the doors?
Sounds like there's been a falling out. Be the bigger person....... leave a big stain on the carpet. |
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the tenant
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you have to replace like for like, or it'll come out of your deposit. by all means take the carpet with you, but you'll have to replace it. and next time sign a contract, even if it is family! |
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loran v
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well here in america, this what we do, when u save yr papers on what u done to the place and they r to take it out of yr rent.what ever u do to the place.no matter where i lived at, when i rented a place. i always took pictures on how it looked befor and afder.i moved out. and yes u should have saved the carpet, and u could have put it back.they have to pay u for the new carpet, or give u rent off it. and u r lucky to git rent for 550.00 a month, here in america, it is 900.00 to 1,000.00 a month here for a house. |
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BlackSheep
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Goodness me...isn't there enough aggro. in the world without worrying about 90 quids worth of carpet. Leave the bloody carpet and move on. |
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Alta
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Hi
You say there was no agreement signed, this makes no difference, you have by paying rent on the property a AST, normal agreement.
In paying for a carpet with their permission, and them not having made clear that it was to be left at the end of tenancy, you are entitled to take it with you, as it is your property.
But, if the carpet was only £90 and has been used for 2.5yrs, is there really a need to take it with you?
Why not speak to your aunt, and say even though you are entitled to take the carpet, you will leave it in-leau of payment for the repair of the doors. |
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sohs139t
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This question is trickier than it looks. Firstly, between September 2005 and December 2005 you were not a tenant because you did not have exclusive possession of the property. You were probably a contracual licensee.
After December 2005 you were an assured shorthold tenant. If there was no written agreement then you had a fixed term of six months running from December 2005 until June 2006, after which time, if there was no written agreement you held over as a statutory periodic tenant.
Different rules apply for each tenancy or licence but unless you can be said to have entered into another agreement so as to fall within the provisions of the tenancy deposit scheme (from April 2007) you were a licencee when you paid the £350. It was not a deposit because you were not a tenant.
If you did not have exclusive possession of the property before you bought the carpet then it is not your property and it never was. If your aunt had already moved out when you bought the carpet left then it is yours...as long as you leave the property in the same state as you found it in (fair wair and tear excluded).
Everything being equal (pesuming you did not have a written agreement) you have no redress legally and you will have to come to an amicable agreement. |
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