Who should pay for this...?

LouC

Hi everyone

We have been renting a flat for 18 months.

Tenants 1: Jan 09 - Sep 09
Tenants 2: Sep 09 - Sep 10

New tenants are moving in this month.

The problem is that the new tenants have complained about condition of one of the bedrooms (patchy paintwor, nail holes in wall) and have asked for it to be made good (the estate agent has quoted £200).

It was freshly painted in Jan 09 by us before being rented. Apparently it was repainted by tenants 1, but not very well.

There are full check-in/out inventories done, but because we live in Manchester (the place is in London), we were not able to actually go round ourselves to check on the state of the property - we thought that the management agents would do this, either by sight, or by checking the inventories. Apparently not...

So, who is liable to pay for the repainting of this room?

Obviously we would rather not have to ourselves, but if tenant 1 caused the damage, then they won't be stumping up any time soon. And if tenant 2 didn't cause it, then they won't be happy about it coming from their deposit...

Any advice at all would be greatly appreciated

Lou

McKneff

What is in the contract between you and the management company.

Are they supposed to do inventories for incoming and outgoing tennants.

If not they have broken the terms of the contract.

£200 for filling a few nail holes up and a couple of coats of emulsion seems extremely expensive.

BitterAndTwisted

Presumably your new tenants viewed the property before they agreed to rent it, so my view would be that they should live with it. Depends on how much you want your new tenants to be happy and remain there long-term and spending the £200 versus appearing not to care whether they remain or not and then having to risk a void when they give notice.

Creamlampshade

Spend the money and do things properly by providing a house that is free from wear & tear/damage, etc that was done before your new tenants arrive. Even at 200 Pounds, this isn't much considering how much rental income you are likely to gain over the tenancy contract. Your not being in the local area is not the new tenants issue, it's yours! There is definitely something to be said for keeping up properties so that tenants will take care of them. Don't be cheap.

G_M

You can't go back to tenants 1 after a year!

You may have a case against your agents if they have been negligent and/or failed to undertake duties you have contracted them to perform and have been paying them for. You'll struggle though!

I would upgrade your property (get your own local decorator in for £50?) and consider changing your agent and /or re-specifying exactly what you expect of them.

tbs624

If your letting agent is on a full management contract with you they should have sorted the issue when tenant 1 moved out. It's standard for an AST agreement to specify that a T may not redecorate or put nails/screws in to the property without the LLs written consent.

Don't let any LA dictate to you on the management of your property - if you expect them to check the decor and make sure that former Ts "make good" or pay for damage before the next lot of new Ts move in then make it a clear part of the contract.

However, emulsioned walls don't stay pristine for ever, even with an owner occupier in place. Your choices are

(a) tell the new Ts that they take it or leave it, but you/your LA note on the inventory that the walls are patchy/ there are nail holes ( if you don't /the LA doesn't then the T most certainly will)
(b) offer the costs of the paint/filler to the new T with a 50-100 quid discount on the first month's rent and see if they'll do it themselves ( you have to hope they'll do it to a reasonable standard)
(c) source your own decorator
(d) use the one sourced by the LA who is no doubt more expensive
(e) get on a train and spend your own time and energy doing it

I'd probably go for (b) and if they say no just get it done via the LA.


Is there a reason why you are only keeping your Ts for a year at a stretch btw? Is your LA perhaps trying to foist high renewals charges on the Ts ?