Re-Decorating - Dirtied walls V's fair wear and tear?

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    Re-Decorating - Dirtied walls V's fair wear and tear?

    My Tenant is due to move out in a few weeks, however when doing viewings the other evening I noticed the walls were in a terrible condition:

    Tenant has been in the newly decorated property for 2 years, she has a son who is 10. I understand kids can make marks on the walls however they are literally in every room, some with ink, grubby black marks, some where posters have been placed etc.. its so severe I will need to re-decorate before a new Tenant moves in - the property was newly decorated only 2 years ago when the Tenant moved in.

    Can I fairly claim for any of this from the deposit or will it be classed as wear and tear?

    IN ADDITION: A shelf has also been broken off the wall, Tenant claims it just fell off, however it was drilled and wall plugged into the wall quite solid and has been up for 10 years.

    #2
    Fair wear and tear has two impacts on claims.

    First of all the type of tenant is relevant, if you knew that a tenant had a child or a pet there would be some greater wear and tear than if they didn't. But damage is damage, there's not really any "fair" damage.

    The second impact is that you can only claim for damage beyond fair wear and tear, so you should adjust your claim to allow for the wear that was inevitable in any case. As an example, the shelf that has fallen down was ten years old, so you'd have to adjust any repair cost so that it reflected the damage done to a 10 year old shelf rather than a new one.

    Same with decoration. You'd have to redecorate every few years anyway (depending on the type of property, x is up for definition) so you can only reasonably claim for the time you've lost. Lets say you would decorate every 7 years and the property was decorated 3 years ago. You've lost 4 years of the decoration's expected life, so you could claim 4/7ths of the cost of the original decoration.

    Whoever you have protected the deposit with probably has a guide to what's reasonable to claim.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Lets say you would decorate every 7 years and the property was decorated 3 years ago. You've lost 4 years of the decoration's expected life, so you could claim 4/7ths of the cost of the original decoration.
      Seems to me then, you should also be able to claim 4/7th of the time the extra decorating costs in lost rent.
      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

      Comment


        #4
        There's nothing that makes that claim impossible - it's an additional loss beyond the wear and tear expected.

        On the other hand, I bet it wouldn't get through a dispute resolution process and probably would struggle in court.
        Might be worth trying.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Thank You for your comments. The tenant has now vacated the property and is not available for the inventory check out. I inspected this morning and there are dents in some of the walls (not accidental), paint/ink on the walls, a little writing/graffiti and even score marks above the fireplace which will require filling and painting.

          Next steps?

          Agree deductions with Tenant?
          Inventory Clerk?

          Comment

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