Tenant and ruined carpet. What to do?

Denil963 I think £230 is not a lot to retain towards both the cost of the carpet AND the damaged window. As others have said, he would have to go to the small claims court to try to get it back.

It is hard to think why you would not have insisted on inspecting the room periodically.

Be more proactive if you take another lodger.
All landlords, whether of lodgers or tenants have responsibilities and rights. The rules have changed. If anyone reading this has not checked up lately I urge them to do so,

Hi Denil
I have PMd you. Some good advice.

Thank you for the comments. The spillage was a large chocolate protein milkshake - I will be taking part of the deposit. There are no gas appliances in his room and yes? Maybe I should have mentioned opening the curtains etc. I think some of the comments are harsh. I was asking for advice. We actually get on well and I'm not trying to rip him off. So will reach a compromise with him. And yes next time I will get photographic evidence when a new tenant moves in. I dont expect him to pay for a brand new carpet as the carpet wasnt brand new. But it was a good clean carpet without stains when he moved in. And I have no infestation in the house. He had a net stopping insects coming in over the window so they didn't fly in. Thank you for the responses that helped.

Carpet moths can fly in through a window, then lay eggs and the larvae 'reside' under furniture or skirting boards. A quick (rather than thorough) hoover would not dislodge them. I think a new carpet (and mattress) is needed for each new lodger anyway - so I'd see it as landlord expenses.

I don't think it's fair to blame them for a moth infestation in a wool carpet that you put in.

JenniferEccles You wouldn't get the cost of a new work surface because you should be factoring in wear and tear into your profit margin.

The OP is not entitled to the cost of a new carpet because it wasn't new in the first place.

If you knew the lodger wasn't opening curtains and didn't hoover in 18 months, you should have said something to him.

The law is NOT on the "side" of lodgers, but nor is it on the side of landlords who try to rip them off.

BTW I assume there aren't any gas appliances in the room because they should have been checked at least once in 18 months.

I don't see how you can hold him responsible for the moths. They can and will get anywhere if they can. What are the stains on the carpet? Can you wash them out? If you can then I don't see how you can keep all the deposit. You could probably claim for the cost of cleaning but that's all. Make sure in future you take lots of photos and do a walk through with the new lodger with both of you signing each photo to agree that they're true images. Keep them in a special file. Also write into the contract that the lodger must keep the room clean and that you can inspect the room every three months. I'm sure there must be some template contracts online.

And the same to you Suzie about reading my text fully.
I know he is a lodger which I stated in the first part of my post.

The reference to tenants was just an additional comment as I was reminded about the compensation situation which our letting agent uses .

I bet you are glad to see the back of that lodger Deni1963

He’s not a tenant JE he’s a lodger RTFT. The OP has the advantage here because she’s got the deposit and he’d have to go to small claims to get any of it back. The OP says she’s learned a lesson - hope her next lodger has a written agreement of some kind, an inventory, photographic evidence and that there will be regular inspections, arranged in advance and then both sides will be protected.

Certainly, claim the replacement from the deposit.

BUT go through the entire place very carefully, as the moth have probably been at more than the carpet.

Wash everything that can be washed and vacuum everywhere.

Thank you everyone.
Having done some research I do feel the moth infestation is his fault. Never hoovered and never opened the curtains. He eat up there and if he wasnt hoovering that wont help. He also had no laundry basket.
He is a lodger. I dont have moths anywhere else in the house. The two huge stains he clearly used some scrubbing technique with a product as the area is a huge white patch now and the fibre has been so rubbed its awful. I will try to get an off cut carpet that isnt too much . The carpet was 5 years old but high quality.
Sadly I didn't take before photos or inspect the room. I've learnt my lesson. He was my 1st lodger.

I can understand how annoyed you are, and the lodger shouldn’t be able to get away with ruining your carpet.

I would try to keep the deposit as the carpet will need to be replaced, and it seems unfair that you should have to foot the bill.

He may only be prepared to pay part of the cost out of the deposit, so you will have to think how far you want to fight it. The

The deposit system does seem to be tilted in favour of the tenant these days.

We own a property we rent out to a family.
If for instance they ruined a worktop which needed replacing, we would only get an amount of ‘compensation’ which wouldn’t cover the cost of the replacement.

I've just checked. The expected life of a carpet is 10 years. As the carpet is five years old, you are not entitled to "betterment". In other words, you are not entitled to a new carpet, because you would end up with a carpet newer than the one you originally let. You are not entitled to claim for a better carpet either. If the tenant is prepared to accept liability, you are entitled to half the cost of a new carpet.

Sorry, I meant to write "He may or may not kick up a fuss*.

I'd keep the deposit.

He may nor may not kick up a fuss. Let's hope he doesn't.

Next time, take photos of the room before the tenant moves in.

Can the stains be removed with a carpet cleaner? A moth infestation can’t really be helped.

Citizens Advice might be able to advise you on your rights.

I don’t think you can take a deposit for moths, but the stains certainly, but only if you had photo documentation in the condition report of the room before he was a tenant that you both agreed/signed to .

I’m very good about keeping on top of the hoovering but moths work quickly, and I’ve had my own carpets eaten. I had a pest controller come round and he said moths have exploded as a problem the past 5 years.

However moths are attracted to dirty wool, which is why you should never store your woollens unwashed as they will eat the wool where there are sweat, food or drink stains. So if he had stained the carpet this could be where the trouble lay.

I think chalk this one up to experience and replace the carpet with something synthetic and hardwearing if you have more lodgers.

If the carpet was five years old, you are not entitled to full replacement. There's a formula for compensation. A carpet in a living area is expected to last x number of years (I'll see if I can find the exact number). Let's say it's 10 years - you would then be entitled to 5/10% of the cost of a new carpet.

If you rent out property you have to accept that there will be wear and tear. You should not withhold the deposit because the carpet has worn, that is wear and tear. Decent landlords fully accept and understand that some redecoration and replacements will be necessary after each tenant leaves, and before the property is relet.

Not for lodgers it doesn't.

I have a flat that I let out through managing agents. They hold the deposit on behalf of the tenant in a tenant's protection scheme. Whilst they take their cut, they do a lot of necessary things like prepare an inventory when the tenant takes up residency and any imperfections are photographed at that time so there shouldn't be any dispute when the tenant vacates the propery. Deposits are there for any damage, not reasonable wear and tear, though I've only ever clawed back money in that respect once when the tenant admittd liability in leaving a burn mark impression of an iron in the middle of the 2nd bedroom carpet, he was my first tenant so the carpet was virtually brand new. It wasn't wilful damage just his carlessness or maybe he was trying to live up to his surname that was coincidentally "Burns". I think if there is any argument about whether it's reasonable for the landlord to hold back any monies from the deposit, the matter has to go to arbitration.

Like Lindylou, we had a wool carpet that the moths had a go at. They work very quickly. I hoover regularly but they still managed to do some damage. We now have a hard floor in that area.

Deposit for a Lodger does not have to be held by the Government Deposit Scheme.
The Lodger has damaged the carpet by two large stains so I would keep the deposit.
I think the Moth infestation would come under renewals so I wouldn't mention that.
Did he also damage your window?
The only recourse he would have if you keep the deposit is through the small claims court.
I doubt he will do that.

I had a wool carpet and hoovered regularly and had an infestation of moths eating it away. Maybe a grey area as to blaming your tenant. I put moth balls down but didn't deter them