Betterment/New for Old

[AntelopeBoy]

Hi all,

Does anyone know where I could find the legislation regarding betterment/new for old?

A former landlord is attempting to withhold almost two hundred pounds from a deposit for 9 year old curtains worth approximately £20!

TYIA

[Crazy council]

Re: Betterment/New for Old

hi

I know a bit about this and will try dig out the relevant stuff later this evening, How long have you lived at the property

[ostell]

Re: Betterment/New for Old

What was "wrong" with the curtains, other than old age ?

[AntelopeBoy]

Re: Betterment/New for Old

Hi,
To answer both your questions:

We lived in the property for a year, the curtains got a stain on them when one of them dipped into a kids cup of juice.

We're not denying that it happened, or that the stain was caused by us. What we are saying is that we are happy to pay the cost of a pair of 8 year old curtains (as they were when we moved in) but not the cost of a brand new set of John Lewis curtains which the LL is trying to charge us for!

TYIA

[Crazy council]

Re: Betterment/New for Old

Hi

I will dig out the paperwork i thinks relevant later tonight or tomorrow. With you only being there a year it makes things a bit more on your LLs side, and the mark would not be classed as normal wear and tear.

Its worth making a counter offer to your LL,, of the price of a suitable pair of replacement curtains. They can argue for a suitable replacement, but not pick one one option.

[AntelopeBoy]

Re: Betterment/New for Old

Ah brilliant, thank you :-)

Our main issue is what is considered a "suitable" replacement. Surely replacing what were at the start of the tenancy a pair of 8 year old curtains with a pair of brand new John Lewis ones costing £199.99 is betterment?

We've attempted to engage the LL and offer what most people would consider a fair replacement (we kept the curtains and can assure you they were far from John Lewis quality even when new!) but they refuse to negotiate or entertain anything other than the £199.99 set.

We just want it sorted before the deposit protection guys say we have to go to court :-(

[Amethyst]

Re: Betterment/New for Old

Posted by JulieM

Just a question, would it have been possible to get the curtains cleaned.

Depending on on the size of the window, 200 is not excessive , that's if the window is large or maybe more than one set in the room I.e needs to match sets.

But it I think the cleaning question is most relevant

BTW I have curtains that are 30+ years old, ok so their value may be low but it would cost a lot to replace them with curtains of even a lesser quality.Just a comment not a criticism

[Crazy council]

Re: Betterment/New for Old

Hi

I was chatting with a few friends that still working in the industry so are more current on what gets accepted easier with Deposit claims.

All say that the LL would be in the right for this, but unless he can prove ( with receipt ) the original value of the curtains, then a suitable replacement would be fine.. Worth putting through the DPS scheme resolution.

[ostell]

Re: Betterment/New for Old

The curtains would have been depreciated over time so work out the deprecation (is it 7 years) and the value that is left is what you would be liable for. No doubt the original value of the curtains was claimed against any tax liability (the law may have changed on this) so in effect the landlord is claiming twice.

[paulajayne]

Re: Betterment/New for Old

Clean them / wash them and return them.