Resolution case study – pet damage, odour

What happened?

The tenant said:

• The landlord visited the property during the tenancy and never objected to me keeping a cat
• The carpets had some wear and tear, but my cat never urinated on the floors, only in their litter trays

The agent responded, saying:

• There was a strong smell of cat urine on entering the property. The smell was still present after professional carpet cleaning
• They were advised that the smell was unlikely to be irradicated due to cat urine being hygroscopic, meaning that its odourless when dry and will start to smell again when it reabsorbs moisture
• The urine had gone through to the floorboards which required treating before the carpets could be replaced

What evidence was provided?

Tenancy agreement, check-in report, checkout report, invoices for all three stages of work, e-mail from the cleaner, contractor’s report.

What was decided and why?

1. The check-in and check-out reports showed that there was a pet urine odour in the property at the end of the tenancy which was not present at the start
2. While the landlord would have been able to replace the carpet and treat the floor as a first step, cleaning the carpets was considered a reasonable first step to take, as it was reasonable for the agent to believe that cleaning alone would remove the smell. Only after the cleaning was carried out was it clear that the carpet had to be replaced following the advice of the cleaning company
3. A further report was provided by a contractor which included photographs under UV lighting to show that urine had penetrated through to the floorboards which also required treating
4. The adjudicator found that every step taken by the landlord was reasonable

Decision:

Tenant £260.00

Landlord: £540.00

How can you avoid this happening in future?

• Provide good quality independent inventory reports at the start and the end of the tenancy to show that the condition of the carpets has deteriorated
• Carrying out a contractors’ reports is extremely valuable when it comes to showing whether the actions taken by a landlord were reasonable
• It is good practice to carry out regular mid-term inspections so that any issues can be picked up early on in the tenancy

Our article, ‘Inventories – the complete guide’ provides top tips for landlords, agents and tenants to help manage everyone’s expectations throughout the tenancy.