redecoration required -can we enforce LL?

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  • redecoration required -can we enforce LL?

    hi
    we have been in our flat well over 3 years.

    its quite a large flat and all the walls are white.

    obviously after a few years there are hand marks, various blemishes in all rooms and its starting to look a little scruffy.. have tried to remove some but the place really either needs a touch up or re-painting.

    whats the view on this ? i have mentioned it about a year ago and it was said we would talk about this after the tennancy was agreed.. obviously it was then' never mentioned by him again..

    at tthat point it was coming up to 2 yrs....

    is there any legal impediment for him to redecorate touch up after a certiain length of time.


    i would be interested in your thoughts.

    thanks

  • #2
    I think you must mean 'legal obligation' rather than 'legal impediment'?

    In any case, unless there is a specific obligation spelt out in your tenancy agreement that the LL will redecorate/touch up paintwork every so many years, then the assumption is (I believe) that it will be done in between tenancies to minimise inconvenience to tenants as much as anything else.

    Sometimes long-term tenants agree with the LL that they will be responsible for decorating, but with most ASTs they don't.

    Why not just ask him to do it, or ask whether it would be OK for you to have some white paint and touch up the grubby bits yourselves (make sure it is the same brand as was used originally - not all white paint is the same shade/hue/tone)?
    '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

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    • #3
      Would you want LL or his handyman to repaint walls? Downside is disruption with having to make arrangements for people coming in and out and having to move furniture. And the LL may be wary of cost of having painters in as high labour cost, plus he may think he's got to do it yet again if and when your tenancy ends.

      In my last long-term tenancy I preferred to do it myself, room by room, to cause as little disruption to my family as possible. As the walls were already plain white, I bought a huge bucket of emulsion from a DIY store for around £10 and couple of cheap throwaway rollers, and was very pleased with the resulting fresh clean walls. Put plenty of old sheets over floor and take care not to drip paint on windows and fixtures and fittings. LL/LA were very happy getting back a much cleaner place than before I moved in.

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      • #4
        Originally posted by boomshake View Post
        is there any legal obligation for him to redecorate touch up after a certiain length of time.
        Unless there is a provision in your contract for LL to redecorate mid-tenancy, then no, the LL has no statutory obligation to redecorate.

        If you want to DIY, make sure you get written permission from the LL and note that botched paintwork is equivalent to damage, so your LL could seek compensation for this.

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        • #5
          The clause on my AST (which I assume is standard) states:
          Keep the interior of the Premises during the Term in as good and clean state of repair condition and decoration as the Premises are in at the commencement of the Term and make good all damages and breakages to the Premises which may occur during the Term (fair wear and tear and damage by accidental fire excepted).

          LL permission is essential. If you can no longer live with grubby walls, come to an agreement with the LL and get it in writing.

          DIY could be also mean Destroy It Yourself. So don't wield a paintbrush unless you're confident you can do a good job. You wouldn't want damages deducted from your deposit for a bodge job. I guess it also depends on the age, value and condition of the rental. If it's a plush new-build with fancy shades of paint, it would be too much of a gamble and you're likely to cause more harm than good. But even if it's basic accommodation, the LL may feel strongly that any tampering will be classed as damage. Bang goes the deposit!

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          • #6
            Originally posted by trill View Post
            The clause on my AST (which I assume is standard) states:
            Keep the interior of the Premises during the Term in as good and clean state of repair condition and decoration as the Premises are in at the commencement of the Term and make good all damages and breakages to the Premises which may occur during the Term (fair wear and tear and damage by accidental fire excepted).

            LL permission is essential.
            If an obligation is imposed on you you do not need permission to comply with it. Of course there may be a separate covenant saying that the landlord needs to approve the colour scheme.

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