Another tenant's deposit one...

[abbey44]

I have a house that's been rented out for five years as I moved elsewhere and didn't want to sell it. Tenants have just moved out and I'm moving back. I've been to have a look at it, after the letting agents had said it was "fine" and have found a couple of things that I'm a bit, well, not ok with, and wonder what other opinions are.

There are a few areas of damage - I can live with this, it's normal wear and tear - and they've redecorated really badly, but again, I can live with this as I'm going to redecorate anyway. But what I'm really not ok with is my curtains - I had some beautiful floor-length made-to-measure silk curtains that I left in situ in the living room. One set are missing, the others are now a good four inches off the floor. (These curtains, incidentally, were mega expensive, and all the previous tenants looked after them.) Apparently, the missing set had got damp and were "minging" so they threw them in the bin. The other set they said were "too long" so they took it upon themselves to shorten them. They can't be let back down, so they're ruined. I have photographs from just before they moved in to show that the curtains just skimmed the carpet, as they were meant to - it's not as if they were those that are pubbled on the floor.

The letting agent tells me that I don't have any grounds for claiming part of their deposit back as the Deposit Protection Scheme will say this is wear and tear. I don't think it is. Quite apart from the fact that there's no damp at the house (I've had two damp surveys done this week to make sure), to deliberately take four inches off my curtains and ruin them surely isn't "reasonable wear and tear"...?

Do I just have to take this on the chin (and spend £2,000 replacing them)...?

www.mydeposits.co.uk/wp-content/uploads/2016/03/mydeposits-rules-for-claiming-guide.pdf

You may be able to make a deduction for missing/damaged curtains but there is a formula for the amount you can claim depending on the age of the items. For carpets the age limit is 10 years from the time that you purchased them i.e. if they are 10 years old you can't claim anything back and it may be less than that for curtains. The lifetime of curtains and carpets is generally less in a rental property than if it's lived in by the owners.
Personally I would use cheap curtains in a rental property as agents/tenants are only interested in whether or not they are present not their quality.

No this is not wear & tear. One set of curtains are missing, the 2nd have been damaged.

Put a full claim in with the DPS (or which ever scheme you are using). You will probably get a partial amount of the claim back.

Not helpful, but who leaves expensive made to measure silk curtains in a rental? I agree with pp that you should look to make deductions if possible. Whether you care about it or not, include the poor decorating that needs putting right, especially if it wasn't authorised. Then if the amount you are claiming is disputed there's some wriggle room. Ask whether they have photos of the damp affected curtains. I bet they stuck them in the washer or just threw them out not realising what they were.

I left them there when I moved out because I believed that they'd probably be better hanging there than packed away in a box somewhere. The house was a pretty high-end rental for this area and I thought that the people who were paying top-end rent would treat the place with some sort of respect. And to be fair, the two lots before this did.

I've spoken with the agent again, and he's not prepared to take the issue up with them (I wonder what I'm paying him for ) I think, to be honest, he's a bit intimidated by her - she is pretty aggressive, I have to be honest. Looks like I'm going to be on my own with this one, and I'm not sure I'm any braver than he is, if it comes down to it.

Off to eBay to look for voodoo dolls....

My experience is that a lot of lazy agents won’t fight for your deposit - it’s too much hassle for them. If you want to make deductions, you’ve usually got to do it yourself.

I’d think this wouldn’t count as wear and tear, as the curtains are missing/cut off. That’s tenant damage. I’d be sure you’ve got hard evidence (use the check in report/photos) and be prepared to haggle. And as someone said above, if you add in the bad decorating, it’ll give you some flex.

the letting agents had said it was "fine"
If the agent has done a checkout and signed the paperwork to say it’s fine then you won’t have a leg to stand on. You’ll have to pursue the agent for not doing the checkout correctly.