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Stained Carpet Replacement

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52 views 1 replies latest reply: 14 November 2016
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Tenant

I recently came home to find I had a burst pipe in my bathroom, I had been out of the property for several hours and by the time I returned all the carpets had become water logged. I turned the water off at the supply to the property immediately and the pipe was repaired the next day.  However; it has taken several weeks for the carpets to dry out and they have become severely stained.  I have an inventory from the start of the lease that shows the carpets to be in good condition however my landlord will not replace the carpets or give me compensation for the damage.  What are my legal rights regarding replacement/compensation? 

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Tenant

Your landlord is responsible for repairing and maintaining the property. Which he has, the next day after the accident occurred. However, I’m not sure you have any leg to stand on regarding replacing the carpets. They fall under the decoration category, which means the landlord can choose whether to replace them or not. 

Your only option is if the carpets are somehow dangerous. For example, if there are tears and threads out that are likely to trip somebody and get them injured. Then, you can treat the problem like a hazardous condition in the property, which obliges the landlord to remove it (thus replace the carpets).

It certainly is not your responsibility to replace them, as you did not cause the damage and none of your actions have affected the condition of the property. I’d make a few photographs and time stamp them, just in case the landlord tries to pin the cost on your deposit at the end of the tenancy. 

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