Landlord want to charge for curtain poles although agreed to accept new ones

Chavy89

So towards the end of my tenancy my landlord emailed asking what I had done with his curtain poles, to which I replied the handyman that installed the new made to measure blinds accidentally threw them out (this had happened over a year ago) so I said I would leave my blinds in its place to which he agreed and asked  me to make sure they were working properly and a link to where I got them from so he could get parts if needed in the future. 

Since then we have done the check out report everything was fine on it no damage beyond normal wear and tear and cleaned well. 

My landlord has now said he wants to charge me for the cost of replacing the curtain poles just in case in his words he “may decide to put them back up in the future” now what he says is I didn’t check with him before changing the curtains and that’s a breach of contract. 

My thinking is that the email with him agreeing to keep my blinds as compensation trumps the contract and also if he wanted to change his mind he should of done so before the check out, as i could of replaced the poles like for like.

now he wants to take money off my deposit for new curtain poles that he may put up in the future. 

Can he do this? My deposit is protected in the deposit protection scheme so I can challenge him. What are my options?

greatcrested

Please quote exactly what the LL said in his email at the time. Unfortunately I can't read it from here, so cannot comment on what he may or may not have agreed with you.

Marvel1

If you do have to provide the missing curtain poles, buy them second hand.

staggered

Firstly, the landlord's right that you shouldn't have removed the curtain poles, and had blinds fitted, without clearing this with him first.

However, if he wants to deduct the cost from your deposit, and you want to dispute it, he'll have to apply to the Deposit Scheme.  He'll present them with evidence.  They'll then give you the opportunity to respond (presumably by forwarding them his email?)

To be honest, I think that, for the sake of about £20-30, which is what you can buy a basic wooden curtain pole for from B&Q, I don't think it's worth either of your time going to the Dispute Service over this.

If I were you, I'd email the landlord, offering to supply a basic wooden curtain pole to replace the one that was thrown away, and keep this as evidence.  If he refuses to accept this, and tries to deduct a larger amount from your deposit, the Deposit Scheme will probably think he's being unreasonable and reject his claim.

That was my experience, anyway, when a tenant of mine ruined a carpet and replaced it with a horrible cheap one that I wanted to rip out and replace when they moved out.  I was told that they'd put the damage right so I couldn't deduct anything from their deposit.

AdrianC

Deposit arbitration.

Chavy89

I would happily replace it if he asked me to at the time I gave him the option of keeping my blinds or me replacing but he waited till after the check out was done and like I said he doesn’t even know if he will replace it but wants money just incase 

the email said “please leave the blinds in good working order for the new tenants that are moving in” 

also if it was £20-30 no problem

but he said they came as a set for the whole house and cost £700 so he will need to divid by 4 and that’s £175  

For poles with no curtain on them that are 5 years old 

staggered

He's trying it on imo.  Send him an email, offering to buy replacement poles.  If he isn't happy with that, it'll have to go to arbitration and they'll probably decide he's being unreasonable.

If it's a large bay window, they can be quite expensive (£50 or so).  If it's a standard window, you can get a curtain pole really quite cheaply.

Chavy89

staggered said:

He's trying it on imo.  Send him an email, offering to buy replacement poles.  If he isn't happy with that, it'll have to go to arbitration and they'll probably decide he's being unreasonable.

If it's a large bay window, they can be quite expensive (£50 or so).  If it's a standard window, you can get a curtain pole really quite cheaply.

Thank you so much I will do that, also I just read that landlords are not allowed to charge tenants for check out anymore is this the case 

greatcrested

staggered said:

He's trying it on imo.  Send him an email, offering to buy replacement poles. ......

Think carefully before making this offer! If you intend to dispute liability for replacing the poles, making an offer effectively admits liabilty.

the email said “please leave the blinds in good working order for the new tenants that are moving in”

One would need to see the full context ie rest of the email, plus the email you sent leading up to this response, however that seems to imply that he agreed to your replacing the poles with blinds. That being so, do not accept any deduction from the deposit but go to arbitration and produce the email (plus all others in the chain).

I just read that landlords are not allowed to charge tenants for check out anymore is this the case 

That's true for new tenancies. But a tenancy that started before June 2019, and which included a charge for check out in the contract, can still charge that fee up till June 2020. See

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819635/TFA_Tenant_Guidance_190722.pdf

Chavy89

ahh thank you, that makes sense i didnt email him so now i wont as i agree with you, 
with regards to the charging the fee up untill 1st of june does that mean if we have a dispute and it goes passed the 1st of june then he will have to remove the check out charge from me if he hasnt collected the money yet 

Alter_ego

Remember he'll want to charge for someone to fit any new poles