After spilling wax on my new carpet, how much can I legally retain of my tenant's deposit?

[rachael]

Hi. I've discovered that my tenant has spilt wax on the lounge carpet, right in the middle. He has just left the property and I would like to know how much of his deposit I can legally hold?

He has lived there for 10 months and a new carpet was put in there 16 months ago. There are 5 wax stains, each slightly larger than a 50p piece. They are within the squared diameter of the size of a laptop, right in the middle of the lounge.

I have been quoted £130 for a carpet for the whole room, and carpet was in excellent condition before i rented flat.

As a landlord i don't want to take just £50 as my wife would be happy wiv as it wouldn't cover cost of a new carpet. Please, please, please advise, and many thanks in advance.

[4getmenot]

a new carpet? Just put brown paper over wax and run an iron over and it will come out

[askyourgran]

I'm told if you put ice cubes on it to get most of the wax out in a piece before trying to remove it with heat.

[Hopkirk]

Is it covered by accidental damage insurance?

[rachael]

thank you guys. it is not covered by accidental damage insurance by us or the tenant.

we have also unsuccessfully tried various remedies.

i just wondered how these things are measured? it is an ugly stain and its not like you can just patch it up? any legal advice out there? i would have thought that i could take the cost out of his deposit for a new carpet??? the letting agent also advised just fifty quid?!

[4getmenot]

I'm sure you would only be allowed to keep deposit as any damage should have been insured

[rachael]

insured by the tenant or us?

[4getmenot]

not sure but I'm sure whatever deposit you agreed on is only thing you can keep if any damage is found. Most landlords deposit is equal to a months rent

[rachael]

thank you 4get!

[bednobs]

i am not a law person, but have you tried a professional cleaning company? They may be cheaper. Did you point it out to the tennant on the final walkround?

[lotsafun]

i would assume you could keep the whole deposit, isnt that what its for, to cover any damages? iether that or tell them they have to replace the whole carpet themselves. They damaged it, then they should pay for it, Simples :-)

[flip_flop]

It is far from simples lotsafun.

Let's say, for the sake of theargument, that the cost to remedy the damage was £100 and the tentant's deposit was £2,000.

Do you honestly think it is fair that the landlord should keep the full deposit?

If the let has been arranged through an agent the deposit is most likely being held by the Tenancy Deposit Scheme. When the tenant left the property the agent would have listed the damage and suggested deductions from the deposit.

There is a contractual arrangement between the tenant and landlord and if the landlord tried to keep the full deposit for what is, let's face it, minor damage, I'm pretty sure the contract would fall foul of unfair contract legislation.

[bushbaby_de]

If it will cost £130 replace the carpet, and it cannot reasonably be remedied at a lower cost (eg specialist cleaning) then you keep £130 out of the deposit. Simples.