Or is the landlord being petty?

[Unionofthesnake]

Moved into rental property a couple of years ago. Curtains in the lounge were not to our taste (bit dated, not particularly new looking, water stained lining). We informed the landlord via the letting agent we would buy our own to match our style and asked what we should do with theirs. Received email back to say we should store them and re-hang them when we vacated. I vaguely remember putting them at the back of the wardrobe and then forgot about them. We bought some new ones in Dunelm for about £50.

We've now moved out. Couldn't find the landlord's curtains anywhere and then DP said he was sure he chucked them out as they were "rank". Told the letting agent we couldn't find the curtains but that we would leave ours to replace them. Agent replied by forwarding a copy of the email telling us to store them and said they couldn't guarantee we wouldn't be charged if the landlord wasn't happy with the replacement. I made it very clear we didn't expect to be charged as we were replacing them with better ones (new, unstained).

We've now been told £150 Will be deducted from our deposit towards new, custom made curtains. I of course challenged it and was told ours are inferior - ready made, unlined & ill fitting (they are a bit long but shouldn't be too hard to turn up) vs their custom made lined ones (even though they were dated and a bit scruffy imo).

WIBU?

It most likely is a try on to some degree, but I'd be inclined to punish you a bit for throwing away my property, especially as you'd been given specific instructions to the contrary.

Also, I doubt £50 Dunelm curtains are that great, so maybe your description of these other curtains is a bit skewed too?

I would raise it as they have not taken the depreciation into account. If you can be arsed I would ask for proof of the age of the curtains from the landlords. No one would pay 150 pounds for used, soiled curtains. They don't have to accept your curtains but that doesn't mean they can pluck a figure out of the air. How do you know they were custom made quality curtains. They could have inherited them from someone else. They could be ten years old or more. Ask for proof.

Do not back down about your curtains. They accepted 100 they do not get to keep the curtains.

You were poorly advised then

Sadly you will probably be charged something, but I would definitely challenge via adjudication. Do you have evidence of how manky the curtains were? There should be pictures on your check in inventory. If so, you need to submit it to the DPS/TPS, because what the landlord is doing charging you for brand-new curtains is betterment. Basically he’s expecting brand-new to replace old and tatty, and that is not allowed. The adjudicator will take into consideration the age and condition of the curtains, the likely remaining lifespan of the curtains when you removed them, and they will decide on an amount that you should contribute to compensate the landlord for removing them.

absolutely 100% challenge this though, because what the landlord is trying to do here is not allowed and the adjudicator will find in your favour, although as I say, you will be charged something, although it probably won’t be a great deal.

just to say, take anything the letting agent tells you with a pinch of salt. In my experience, which is pretty lengthy and extensive, they frequently don’t know the law, and they even less frequently have the best interests of the tenant in mind, because it’s not the tenant who pays their wages. Don’t let yourself be bullied by them or the landlord.

Thanks for the replies. My question was can I insist on having my curtains back even though my deposit has now been refunded to me less the agreed £100 or is the agent correct in saying the matter is now closed. If they continue to ignore me, WIBU to go round to the property and retrieve them from the new tenant?

And pretty much everyone has said YABVU.

If I was the tenant I’d tell you to get to fuck.

No.

Don't involve new tenants in your dispute.
Remember they (like you had) have the right to quiet enjoyment of their home.

This really is on you. I can’t believe you’re considering going to get the curtains back from the current tenants! Just leave it. You were in the wrong.

I don’t understand why you’ve asked again, you got a very clear YES you would be unreasonable! Leave these people alone and move on. YABU.

Just let it go. Lesson learned, follow the agreed process next time. Forget about the Dunelm curtains. Life is too short.

That was your conditions. To return them

Your curtains aren't what they wanted so they have every right to charge you. Pretty standard

Why do you think you’re entitled to the curtains back again when they discounted the deduction to £100 from £150? It seems to me that they discounted the deduction by £50 to account for the fact that you left £50 curtains.

What would you do if a random strangers turned up in your new home to harass you into giving them a fixture from the home?

Oh good heavens, OP, you can't get your curtains back! The matter is closed.

You messed up by binning the (lined) landlord's curtains. They've accepted your replacements with a deduction of £100 to reflect the difference in not fitting properly and being unlined.

Lesson learnt, and all that stuff.

No of course you can't. You threw their curtains away.

I can't believe you're even asking

You sound like an enormous CF to be honest, and I say this as a tenant. Your DP their custom-made curtains out, on the basis that he thought they were rank. That wasn't your call to make. I don't blame the landlord for docking you from your deposit and yes, I do think you would be unreasonable to essentially steal your old Dunelm pair back.

Don’t involve the new tenant.

This is a lesson for anyone in this situation to go through the deposit dispute process. This would have been decided fairly and with no loose ends or curtains left behind.

‘£150 is cheap for curtains’😳

The curtains were stained and not to your taste. There's a good chance though that they were (reasonably) quality curtains though.
You've lost/thrown out/taken them. Your replacements are not lined, of inferior quality and don't fit. You've no case really. Your best hope is to negotiate a reduction but its gonna be £100 if you're lucky. You can of course retrieve your abandoned curtains. Respond that as they havent accepted the replacents, you want to arrange collection. Make it clear you maintain ownership. As they match the new decor, wait until someone moves in and see if they want to buy them off you.

Tbh, you did tell them you would do as instructed and store the curtains safely until you vacated. So I’m afraid this is on you.

That would be beyond petty.

No. It’s quite clear that your curtains + £100 = value of the LL curtains you threw away. You can’t now go behind their back and try and steal them off the tenant.