Landlord redecoration expectations

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    Landlord redecoration expectations

    I've been in a rented bungalow for four years eight months.

    The landlady claims that she wants the house to be "returned in the exact state it was when I moved in" as "she won't be able to rent it out like this". She has detailed various areas in need of decoration. All of the issues with the decoration are (apparently) due to condensation from inadequate ventilation.

    The identified issues are:

    - Cracked paint on a bedroom ceiling. The paint has cracked/peeled in perfectly straight lines where the ceiling "boards" are. None of the other rooms exhibit this. The flat roof was replaced around two years ago. I'm no builder but I wonder if these cracks might have been caused by people walking on the roof when replacing it.

    - Flaked paint in the same bedroom. I maintain that this was like this when I moved in. Perhaps due to the paint not being applied properly. It might have got slightly worse in almost five years.

    - Peeled paint on small bathroom window. I accept that this may have been better when I moved in, but I have no idea how old the paint was when I moved in!

    - Damp wall in kitchen. Possibly caused by water leaking through wall from the bath. She was made aware of this on several occasions (and in person on at least three six monthly inspections) but chose to take no further action. She did send an incompetent repair man twice who refitted the bathroom tiles but this made very little difference.
    I accept it is my responsibility to inform her of any defects and did so, and she witnessed the situation three times in person. Perhaps I could have been more persistent in getting her to investigate it, but like I say, she did witness it three times in the past 18 months.

    She claims that all of the above falls outside of fair wear and tear, particularly the bedroom ceiling.

    I'm not an unreasonable person and want to be fair and move on (to the much nicer house I have now bought and never see this cold bungalow again!) - but I'd appreciate any unbiased views on whether her expectations are reasonable, or not - whatever agreement I may come to with regard to the damage deposit.

    #2
    I dont see how you can be responsible for any of this. I appreciate that some landlords have difficulty getting to terms with renting out the property and seeing it 4 years later, not the way it was, but that has nothing to do with you. The fact that the property cannot be immediately relet after 4 years is not your problem either.

    Unless she can claim you damaged the ceiling, i dont see why she thinks you are responsible for it. Would the paint not have deteriorated if she lived in the property? I dont think she has any chance of convincing the deposit scheme adjudicator that the tenant is responsible to paint a ceiling that has cracked after a 4 year tenancy.
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

    Comment


      #3
      I agree with MSaxp. This is all fair wear and tear or LL statutory responsibility stuff.

      She's being cheeky expecting you to pay for redecoration after five years occupancy - that's her job.

      Plus, if there is no inventory detailing the exact state of the place at check-in, she will be on a hiding to nothing trying to claim anything back from your deposit - can we assume this was protected (by her) in a scheme?
      '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


        #4
        The Landlord should be responsible for redecorating every 5 years anyway. This is just down to wear and tear. I am currently redecorating my rental property now after 6 years, I couldn't possibly expect the last Tenant to pay for repainting (unless of course there were marks etc... 1 year after redecorating that is).

        Comment


          #5
          Before I read any responses.

          I think your landlady is howling at the moon, to be honest.

          After 5 years a rented property can reasonably be expected to have a full surface redecoration anyway I'd say - ie coat of paint but not a "strip back to plaster".

          How you convince her is something else, perhaps.

          You should be reasonably safe doing a "Do you feel lucky? Let's ask the Deposit Adjudicators", but perhaps look up your deposit scheme's definitions of wear nd tear, which should be buried on their website somewhere, and show her the written dot and tittle first.

          ML
          Refer Mad Regulators to Arkell vs Pressdram.

          Comment


            #6
            Put it in strictly legal language and tell her to take a long walk off a short pier.

            Comment


              #7
              Originally posted by Lawcruncher View Post
              Put it in strictly legal language and tell her to take a long walk off a short pier.
              What, refer her to the case of Arkell vs Pressdram, as per m'learned colleague midlandslandlord's sig??

              Comment


                #8
                Originally posted by mind the gap View Post
                can we assume this was protected (by her) in a scheme?
                I wondered about that too and if it has just been spent!

                I would expect to be completely redcorating after 5 years, probably quite a bit sooner!

                Comment


                  #9
                  Originally posted by midlandslandlord View Post
                  Before I read any responses.

                  You should be reasonably safe doing a "Do you feel lucky? Let's ask the Deposit Adjudicators", but perhaps look up your deposit scheme's definitions of wear nd tear, which should be buried on their website somewhere, and show her the written dot and tittle first.

                  ML
                  Definitely a good idea to try and find the scheme's definitions of wear and tear, ultimately you need to show her something legal that contradicts what she's saying. I can kind of see that paint flaking off in some areas could potentially be caused by a tenant, but wear to a ceiling or damp from the bathroom can't possibly be your responsibility. It seems like she just has rather unrealistic expectations of the state her property should be returned in.

                  Comment

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