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Carpet ruined by moths - who is responsible?

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  • 22-05-2014 10:22am
    #1
    adocholiday
    Registered Users Posts: 1,897 ✭✭✭


    Hi all,

    In my rented accommodation we had a problem with moths last summer in the main bedroom. I treated the carpet with chemicals and I thought I'd gotten rid of them. I obviously didn't though and over the winter they nested and reproduced under heavy furniture that is never moved. I noticed a few of them the other day and when I pulled out the furniture I couldn't believe the extent of the damage that they caused.

    The carpet needs replacing, absolutely no way it can be salvaged. My question is am I responsible for the damage? I can see how a landlord could argue negligence on my part. Or would something like this come under the landlord's responsibility. It's also worth noting that the carpets are about 10 years old.

    Thanks


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    #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    adocholiday wrote: »
    Hi all,

    In my rented accommodation we had a problem with moths last summer in the main bedroom. I treated the carpet with chemicals and I thought I'd gotten rid of them. I obviously didn't though and over the winter they nested and reproduced under heavy furniture that is never moved. I noticed a few of them the other day and when I pulled out the furniture I couldn't believe the extent of the damage that they caused.

    The carpet needs replacing, absolutely no way it can be salvaged. My question is am I responsible for the damage? I can see how a landlord could argue negligence on my part. Or would something like this come under the landlord's responsibility. It's also worth noting that the carpets are about 10 years old.

    Thanks
    Carpets are most likely due for replacement anyway especially if they are the cheaper type of synthetic fibre carpet.


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    #3
    Mrs OBumble
    Registered Users Posts: 25,960 ✭✭✭✭Mrs OBumble


    Why not just move the heavy furniture back in place? Did it look fine before you moved it????


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    #4
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Mrs OBumble wrote: »
    Why not just move the heavy furniture back in place? Did it look fine before you moved it????
    It is also possible that furniture was placed there to cover the damage.


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    #5
    paddydone1
    Closed Accounts Posts: 65 ✭✭paddydone1


    The Moths


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    #6
    adocholiday
    Registered Users Posts: 1,897 ✭✭✭adocholiday


    No the carpet was fine when we moved in. We've been there a few years now and we moved furniture around when we moved in so its definitely damage done since then. Also leaving the furniture there is not going to resolve the issue. These buggers spread easily and will just continue to ruin the carpet


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    #7
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,712 Mod ✭✭✭✭Henry Ford III


    The moths are responsible. The real question is who is liable?


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    #8
    adocholiday
    Registered Users Posts: 1,897 ✭✭✭adocholiday


    Henry Ford III wrote: »
    The moths are responsible. The real question is who is liable?

    Ok fair enough I worded the question incorrectly. Would you care to offer an opinion as to who might be liable?


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    #9
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    adocholiday wrote: »
    Ok fair enough I worded the question incorrectly. Would you care to offer an opinion as to who might be liable?
    Have you told the Landlord about the moths and the carpet? I would think that the LL is responsible and liable for any repair and removing any infestation once it has not been caused by something wrong that the tenants have done.


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    #10
    yop
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    I'd blame God, he created the moths, the moths were accessories to the the crime, then the person who made the carpets didn't add the moth proofing agent.
    So you should take a case against, carpet supplier, carpet maker, moths and God.
    Hope that helps.


    Not your problem I would think? But its a hard one to gauge.


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    #11
    adocholiday
    Registered Users Posts: 1,897 ✭✭✭adocholiday


    foggy_lad wrote: »
    Have you told the Landlord about the moths and the carpet? I would think that the LL is responsible and liable for any repair and removing any infestation once it has not been caused by something wrong that the tenants have done.

    No I haven't said anything to the LL yet. I wanted to know what my responsibilities are here before mentioning it to him. In fairness he's a really nice guy and has been very accommodating and understanding with the few issues that we have had up to this point.

    With regard to tenant wrongdoing, this is where my issue lies. Have I neglected my responsibility as a tenant by not taking 'due care' to maintain and protect the landlord's property?


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    #12
    Alf Veedersane
    Registered Users Posts: 24,615 ✭✭✭✭Alf Veedersane


    Had a similar problem a couple of years ago. Told the landlord. Did what I could to kill the little f**kers and did a decent job but there were patches where the carpet just came up in clumps when it was hoovered.

    You're not liable as the tenant. You didn't cause the problem. You tended to it as best you could when you noticed the problem.


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    #13
    yop
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    adocholiday wrote: »
    No I haven't said anything to the LL yet. I wanted to know what my responsibilities are here before mentioning it to him. In fairness he's a really nice guy and has been very accommodating and understanding with the few issues that we have had up to this point.

    With regard to tenant wrongdoing, this is where my issue lies. Have I neglected my responsibility as a tenant by not taking 'due care' to maintain and protect the landlord's property?

    It will all depend on the LL, a carpet that is 10 years old in fairness is probably end of life and wore, so whats left to eat the moths would soon gobble.
    If you showed signs that you tried to kill the moths then what more can you do.


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    #14
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    OP did you tell the landlord before you treated the infestation initially? If not you may be liable by not giving him a chance to deal with it and then by not getting all of them.


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    #15
    Victor
    Registered Users Posts: 78,420 ✭✭✭✭Victor


    yop wrote: »
    I'd blame God, he created the moths, the moths were accessories to the the crime, then the person who made the carpets didn't add the moth proofing agent.
    So you should take a case against, carpet supplier, carpet maker, moths and God.
    Hope that helps.


    Not your problem I would think? But its a hard one to gauge.
    On-topic, constructive posts only please.

    Moderator


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