Here we look at what happens when a claim is made for common dispute causes at the end of a tenancy, and the difficulties that arise when a claim is made for more than the disputed deposit.

The claim

The claim, in this case, was for cleaning to include carpet cleaning, and the cost to replace a bedroom carpet that was stained at the end of the tenancy.  Despite the claim being limited to £700.00, the full deposit of just over £2,000.00 was submitted to TDS.

The evidence

The evidence included the tenancy agreement, check-in and check-out reports, and an invoice in support of the cleaning claim.

The tenants agreed in their submission to the full cost claimed for a professional clean at the end of the tenancy, to include carpet cleaning and an award was made in full.  The tenants however disputed the damage claim and that the bedroom carpet required replacement, and instead offered £100.00 as compensation.

The check-in report described the bedroom carpet as having dents and light marks. The check-out report described some light discolouration and staining.  The photographs that were included within the condition report at the end of the tenancy appeared to show some linear staining and a heavier discoloured area in the rear corner, however, the images were not particularly clear due to the carpet pile.

The decision

The adjudicator was not persuaded that replacement of the bedroom carpet was justified.  Although the agent stated that they attempted to clean the carpet, all that was provided was an invoice for carpet cleaning with no evidence, such as a statement from the contractor to show that the carpet cleaning was unsuccessful, and that the staining remained.  In addition, the check-out report described only light discolouration, and the carpet was already lightly marked at the start of the three-year tenancy.  The adjudicator considered the amount offered by the tenant was a reasonable amount for the deterioration to the carpet.

So, what are the key points here?

+ Replacement of an item will only be considered if the item is so severely damaged that it is beyond economic repair or no longer usable. This was not the case here. Ensure that the most appropriate remedy is sought.

+ Neither party can rely on a statement alone. It was not sufficient to state that the stains could not be removed, such a statement needed to be supported with documentary evidence.

+ Consider fair wear and tear, and usual lifespan of the item. Our lifespan guide is a useful tool to manage expectations.

+ Return any undisputed deposit to the tenant as soon as possible. This may encourage early resolution of the dispute, without the need for formal adjudication.

If you are interested in further guidance relating to deposit disputes, visit the Information Lounge at TDS to browse further guides.

Sandy Bastin is head of dispute resolution at TDS.