walls repainted, can I charge tenants?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • walls repainted, can I charge tenants?

    The tenants have left my flat in a grubby condition, there are dirty marks all over the walls which were not there on entry as it was freshly painted. Can I charge them to have the walls re-painted?

  • #2
    Originally posted by klee View Post
    The tenants have left my flat in a grubby condition, there are dirty marks all over the walls which were not there on entry as it was freshly painted. Can I charge them to have the walls re-painted?
    Does the Tenancy Agreement make T liable for:
    a. internal maintenance of the premises; and
    b. handing-back the premises in no worse a state than as at commencement?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Originally posted by klee View Post
      The tenants have left my flat in a grubby condition, there are dirty marks all over the walls which were not there on entry as it was freshly painted. Can I charge them to have the walls re-painted?
      If there is no such clause (as per Jeffreys post)
      They should have cleaned the wall; so you can charge for cleaning.

      If they are not cleanable, you need to assess if its fair wear and tear.
      All posts in good faith, but do not rely on them

      * * * * * ** * * * * * * * * * * * *

      You can search the forums here:

      Comment


      • #4
        Similiar kind of query, how do you assess for fair wear and tear?

        We have been tenants for the last 20 months but have a good idea the LL will try and charge for X amount of stuff, we have just handed a months notice and because we changed the payment date from the 24th to the last day of the month we are being charged for that 7 day period.

        LL has asked for this back with the last months rent, even though it was originally said at the end of tenancy, end of tenancy will be at the end of Feb, is this right.

        Anyway back to fair wear and tear, do walls need repainting, does carpet need cleaning etc Agreement says back to clean condition as at beginning.

        Comment


        • #5
          Read Jeffrey's post #2 (b) for your answer
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


          • #6
            Ask the L/L to come round about 10 days before you move out to discuss what what is expected from him. At least it may give you chance to put right any thing he may charge you for.

            Comment


            • #7
              Originally posted by redex View Post
              Agreement says back to clean condition as at beginning.
              Then clean you must. Allow 2 days if your place was immaculate before you took it over.
              All posts in good faith, but do not rely on them

              * * * * * ** * * * * * * * * * * * *

              You can search the forums here:

              Comment


              • #8
                Originally posted by Paul_f View Post
                Read Jeffrey's post #2 (b) for your answer
                Tenancy agreement only says back to clean condition.

                My standards and LL standards are not quite the same so it might be difficult to NOT clean as well as I would. I have no worries there, our house could be inspected at any time for cleanliness.

                Comment


                • #9
                  Originally posted by redex View Post
                  Tenancy agreement only says back to clean condition.

                  My standards and LL standards are not quite the same so it might be difficult to NOT clean as well as I would. I have no worries there, our house could be inspected at any time for cleanliness.
                  Your standards are better than your LL's, is that what you mean ?
                  The comments posted above are my opinion only and as such are no substitute for proper legal or professional advice.

                  Cath

                  Comment


                  • #10

                    My standards and LL standards are not quite the same
                    Yes my standards are higher and I'm not fanatical, I work full time and hate housework.
                    However I was appalled at the state of some areas of the house when we moved in, even the inventory details problem areas as soiled, stained, dirty, dusty, watered down paint etc

                    I can't compete with that!

                    Comment


                    • #11
                      mmm no-one seems to have mentioned an Inventory and Schedule of Condition??

                      If you never gave one to the tenants on moving in and dont have a signed copy and they dispute the deductions then you dont have a leg to stand on. its only your word against theirs that the walls are grubby.

                      Comment


                      • #12
                        Originally posted by redex View Post
                        Yes my standards are higher and I'm not fanatical, I work full time and hate housework.
                        However I was appalled at the state of some areas of the house when we moved in, even the inventory details problem areas as soiled, stained, dirty, dusty, watered down paint etc

                        I can't compete with that!
                        Do you - or your LL have photographic evidence of the state of the property when you moved in?

                        ...or did the inventory state that the property was in a grubby condition? What exactly did you agree on the inventory, as to the state of the paintwork?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                        • #13
                          Inventory details exactly what I've quoted. Paintwork painted white with one coat of watered down white matt paint, walls covered thinly with watered down matt emulsion.

                          The soiled/dirty (no grubby mentioned) items detailed were items such as /soiled toilet brush, soiled toilet seat, dishdrainer dirty, windowsills, skirting boards..........I'm sure you get the picture.

                          Yes this was all signed for and agreed with the LL............and yes we didn't have a lot of choice on the day of moving in.

                          The inventory states 'returned to the same clean condition' and I said my idea of clean is different to what the LL defines as clean.

                          Comment


                          • #14
                            Originally posted by redex View Post
                            Inventory details exactly what I've quoted. Paintwork painted white with one coat of watered down white matt paint, walls covered thinly with watered down matt emulsion.

                            The soiled/dirty (no grubby mentioned) items detailed were items such as /soiled toilet brush, soiled toilet seat, dishdrainer dirty, windowsills, skirting boards..........I'm sure you get the picture.

                            Yes this was all signed for and agreed with the LL............and yes we didn't have a lot of choice on the day of moving in.

                            The inventory states 'returned to the same clean condition' and I said my idea of clean is different to what the LL defines as clean.
                            Truly bizarre, but in the circumstances it sounds as if you would be justified in leaving things mucky!
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                            • #15
                              Originally posted by mind the gap View Post
                              Truly bizarre, but in the circumstances it sounds as if you would be justified in leaving things mucky!
                              Perhaps OP should add muck so that he complies fully with AST!
                              All posts in good faith, but do not rely on them

                              * * * * * ** * * * * * * * * * * * *

                              You can search the forums here:

                              Comment

                              Latest Activity

                              Collapse

                              • Deposit at the end of AST. Also, quiet enjoyment.
                                scooter08
                                Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
                                England

                                Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
                                AST

                                Q3 – What date did current TA start dd/mm/yy?
                                12/04/2015
                                ...
                                21-07-2017, 15:06 PM
                              • Reply to Deposit at the end of AST. Also, quiet enjoyment.
                                scooter08
                                Thanks for the reply jp....
                                21-07-2017, 18:32 PM
                              • Reply to Deposit at the end of AST. Also, quiet enjoyment.
                                jpkeates
                                Makes sense - if the tenancy agreement doesn't say you have to let him and a surveyor in, his only right of access is with 24 hours written notice for the purpose of viewing the "condition and state of repair" of the property.

                                So you can simply decline or make your point.
                                ...
                                21-07-2017, 18:23 PM
                              • Reply to Deposit at the end of AST. Also, quiet enjoyment.
                                scooter08
                                I'm not trying to claim for breach of quiet enjoyment. He wants to be in again with a surveyor to use his property as security for something. I am going to let him I just want to remind him and have all the facts. Sorry if I didn't explain it right.

                                Only claiming for the non protection...
                                21-07-2017, 18:08 PM
                              • Reply to Deposit at the end of AST. Also, quiet enjoyment.
                                scooter08
                                I pay the council tax, yes it is mortgaged. As far as I know he isn't pretending to live him and his family live in another house a few streets away....
                                21-07-2017, 18:01 PM
                              • HMO under Commercial Lease & homeowner wants to sell
                                bald555
                                Long story short, someone I know (not close) needed money, I gave him 12 months reduced rent upfront to help him out and put a commercial lease on his HMo with right to sublet etc (my tenants).

                                Few months in and his money problems are worse and the bank (and others) pressuring him to sell...
                                21-07-2017, 16:58 PM
                              • Reply to HMO under Commercial Lease & homeowner wants to sell
                                bald555
                                and yes, there is a mortgage...
                                21-07-2017, 17:44 PM
                              • Reply to Deposit at the end of AST. Also, quiet enjoyment.
                                jpkeates
                                Harassment is way more than a breach of quiet enjoyment, there has to be a level of distress in the harassed person.

                                A retrospective claim for breach of quiet enjoyment is probably a non-starter - breach of quiet enjoyment is part of the kitchen sink people throw when they're claiming compensation...
                                21-07-2017, 17:43 PM
                              • Reply to Deposit at the end of AST. Also, quiet enjoyment.
                                Wright76
                                And although as jpkeates suggests you have a right to turn them away and force a court order, this does not mean they have breached your right to quiet enjoyment.

                                It means you are refusing to honour your AST and the landlord Is forced to apply to court to make you legally comply. Again,...
                                21-07-2017, 17:35 PM
                              • Reply to HMO under Commercial Lease & homeowner wants to sell
                                bald555
                                Many thanks for the reply. Yes, my company has leased the HMO in question under commercial lease but it's not registered at land registry as it's only a 12 month lease.

                                Tenants are friends so less of am issue as such but they'll be outside of their 6 months by the time of any would be...
                                21-07-2017, 17:31 PM
                              Working...
                              X