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"As a tenant I am required to leave the property in the same state as when I started the tenancy minus fair wear and tear. As pointed out by the landlord the walls were not in a good state when moving in. I have since improved this out of my own cost. Upon leaving the property the walls are now in a better state than when the tenancy started and therefore I do not believe the landlord is entitled to my deposit because she does not approve of the colours. When my tenancy ends, should the landlord attempt to use some of my deposit as part of redectoring I will happily take this to the adjudicator. There have been previous cases where it was then awarded to the tenant."
https://www.tenancydepositscheme.com/resources/files/Adjudication%20Digest%20September%202012.pdf
Example here.
Maybe write reference that rent was always paid in good time and the property has been looked after during your tenancy?
But it’s not about ‘improving’ the d!cor in the tenant’s opinion, so the fact that it is in an overall better position now is not enough. (e.g. If the LL had left a 2y old magnolia paint job at the start of the tenancy and the tenant repainted in their choice of colour without permission 6months before they left to a good standard, the property is more ‘freshly painted’ but the LL has the right to charge to restore it to the original magnolia).
In the OP’s case, the point is that the walls were in a poor condition AND the LL wants to the tenant to change the colour to magnolia. So, if the tenant hadn’t touched the walls, the LL would need to redecorate anyway to change the original brown to magnolia and given further deterioration of the walls by the end of the tenancy.0 -
Who says that the LL would need to repaint the rooms? They could instead choose to rent at a lower price. Betterment is subjective anyway. An older, professionally painted with good quality paint wall might hold a better value then cheap poorly painted walls, I.e going over skirting and ceiling.0
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The landlord has agreed though that some of the redecorating while not what they really wanted is acceptable under the circumstances, it is only one room now in dispute so without knowing how it has been decorated nobody knows whether the tenant putting it back to magnolia is reasonable or not.
The landlord has admitted it wasn't in the best state decoratively originally, however it may have only needed one coat of magnolia to improve the state. If the tenant has now say painted the room black it will need a significant amount more to get it to a standard where one coat of magnolia is adequate. It could end up needing up to ten coats to cover depending on the quality of the paint used if the base is too dark or vibrant.
While the landlord can't go for betterment and has to accept fair wear and tear, they also shouldn't be left with something needing that much work to put right. The fact the landlord is happy to accept the other rooms really does suggest that there is something more drastic in the bedroom.
Personally rather than wasting time arguing over it and potentially losing some of the deposit I'd just buy a tub of trade magnolia as cheap as possible and just slap it on the walls of the bedroom.0 -
Who says that the LL would need to repaint the rooms? They could instead choose to rent at a lower price. Betterment is subjective anyway. An older, professionally painted with good quality paint wall might hold a better value then cheap poorly painted walls, I.e going over skirting and ceiling.
It's generally assumed that rental properties need to be redecorated every five years or so to maintain a good appearance. If the decoration is older than this, the adjudicators are likely to assume that redecoration would be due anyway at the LL's expense. If the LL chooses to rent it at a lower price they have simply exchanged that expense for a lower income.Let's settle this like gentlemen: armed with heavy sticks
On a rotating plate, with spikes like Flash Gordon
And you're Peter Duncan; I gave you fair warning0 -
The landlord has agreed though that some of the redecorating while not what they really wanted is acceptable under the circumstances, it is only one room now in dispute so without knowing how it has been decorated nobody knows whether the tenant putting it back to magnolia is reasonable or not.
The landlord has admitted it wasn't in the best state decoratively originally, however it may have only needed one coat of magnolia to improve the state. If the tenant has now say painted the room black it will need a significant amount more to get it to a standard where one coat of magnolia is adequate. It could end up needing up to ten coats to cover depending on the quality of the paint used if the base is too dark or vibrant.
While the landlord can't go for betterment and has to accept fair wear and tear, they also shouldn't be left with something needing that much work to put right. The fact the landlord is happy to accept the other rooms really does suggest that there is something more drastic in the bedroom.
If that's the case then I'm inclined to agree. I had the impression from reading this thread that the tenant had painted in neutral colours, just not the specific colour the LL wanted. If that's not the case then the LL may have a claim.Let's settle this like gentlemen: armed with heavy sticks
On a rotating plate, with spikes like Flash Gordon
And you're Peter Duncan; I gave you fair warning0 -
It's generally assumed that rental properties need to be redecorated every five years or so to maintain a good appearance. If the decoration is older than this, the adjudicators are likely to assume that redecoration would be due anyway at the LL's expense. If the LL chooses to rent it at a lower price they have simply exchanged that expense for a lower income.
That's not how adjudication work. They cannot make a decision on the basis of assumption of what the landlord will do next I.e rent again and therefore expected to paint again. After all they could decide to move in the property themselves and not being able to afford redecorating.
All they will consider is the clauses in the past and wear and tear hence by bet that in such circumstances the LL would get something just not the costs of full redecoration.0 -
That's not how adjudication work. They cannot make a decision on the basis of assumption of what the landlord will do next I.e rent again and therefore expected to paint again. After all they could decide to move in the property themselves and not being able to afford redecorating.
All they will consider is the clauses in the past and wear and tear hence by bet that in such circumstances the LL would get something just not the costs of full redecoration.
That's not what I'm saying.
All contents of a property have an expected lifespan when calculating financial loss, decoration included. Regardless of what the LL intends to do with the property, they will not be deemed to have suffered financial loss if the adjudicators reason that redecoration was "due" and if the tenant has done nothing to hinder that redecoration.Let's settle this like gentlemen: armed with heavy sticks
On a rotating plate, with spikes like Flash Gordon
And you're Peter Duncan; I gave you fair warning0 -
Correct me if I'm wrong but all the LL wants now is the bedroom to be painted magnolia? If so just do it and all the hassle is over, will cost very little and a small amount of time.It's nothing , not nothink.0
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