Can tenant demand redecoration?

thebeeches

I have a tenant who has been in situ for 5 years, firstly on 12 month tenancy (AST) and then periodic. Due to previous rent arrears the rent is paid to me direct by the local authority.

The tenant is now asking for the house to be redecorated. I am reluctant to do so because the rent is lower by about 10% than I could get from a new tenant.

I have not increased the rent because I know the tenant can't afford to pay anything herself, in fact she doesn't pay the small top up that is required each month.

She is a good tenant and the rent being paid by the local authority means that I know it will be paid on time each month. She is on the old HB rules so isn't effected by the LHA reductions due (council have confirmed this).

So to sum up, good tenant, rent paid by local authority, so effectively guaranteed. She doesn't want to move because rents have gone up and she would then have to claim LHA, but she does want the place decorated.

Not directly relevant, but all legal obligations complied with - deposit protected, mortgage legal for renting, rental income declared to taxman etc

There are previous rent arrears, but if she stays or if she goes, I don't see how she is going to pay them, so almost irrelevant.

RAS

Advise her that when the arrears are paid, you will redecorate one or two rooms?

And that if they stay up to date for x months, you will consider do more. New inventory after each upgrade though?

Cissi

After 5 years with a good tenant that seems to intend to stay long term I think some redecoration isn't an unreasonable request - however with the history in this case, ie some rent arrears and rent lower than current rates it doesn't seem clear-cut.

It's all going to come down to negotiation. The tenant doesn't have a "right" to redecoration - but she can give notice, presumably causing you extra costs and hassle. On the other hand you can call her bluff as it seems unlikely that she'll be able to move to somewhere more expensive.

Would she be prepared to do some work herself, say if you offered to write off the current rent arrears (I know you said they won't be paid anyway, but does she know for sure that you won't pursue her for these)? Or could you try offering to have some work done - but explaining that of course you will then need to increase the rent to the general market level (or slightly below so as not to give her too much incentive to just move out)?

In the end it all comes down to how badly you want her to stay at whatever rent she can pay you - and on the other hand how badly she needs to stay put. Communication and negotiation is the key here, I think!

princeofpounds

Don't be cheap.

If the place is shabby and you have had 5 years worth of rent then you should reinvest a little into the property. Was it redecorated when she arrived or even before that?

Consider it maintenance capital expenditure for your business. A lot you could offset against tax anyway.

I'm not talking about full-on Lawrence Llewelyn Bowen redecoration, but fixing expired grouting, peeling lino, fraying carpet and giving a fresh coat of paint does not take superbucks.

Where it is not tired, don't offer to spend on it for the sake of it.

Ultimately it does come down to negotiation, but it also comes down to investing a little money in goodwill and human dignity.

jjj1980

Maybe I'll be shot down in flames for this but why is general redecorating the landlords responsibility? I totally agree repair work, dependant on the reason/type, should be down to the landlord but redecorating?

When I was in private rental and wanted to redecorate, I sent a written request, with samples of the paper, paint color cards etc to the landlord asking for permission to do it but never once did it cross my mind that he should have to pay or do the work. I was living in the house, any wear and tear were obviously mine so I felt it was my responsibility to put them right.

callmechar

jjj1980 wrote: »

Maybe I'll be shot down in flames for this but why is general redecorating the landlords responsibility? I totally agree repair work, dependant on the reason/type, should be down to the landlord but redecorating?

When I was in private rental and wanted to redecorate, I sent a written request, with samples of the paper, paint color cards etc to the landlord asking for permission to do it but never once did it cross my mind that he should have to pay or do the work. I was living in the house, any wear and tear were obviously mine so I felt it was my responsibility to put them right.

In private rented you pay enough to the LL - I think LLs should do the decorating. Why should the tenant who pays an arm and a leg to live there and cannot do anything eg even put up a shelf!

sofaspud1234

jjj1980 wrote: »

Maybe I'll be shot down in flames for this but why is general redecorating the landlords responsibility? I totally agree repair work, dependant on the reason/type, should be down to the landlord but redecorating?

When I was in private rental and wanted to redecorate, I sent a written request, with samples of the paper, paint color cards etc to the landlord asking for permission to do it but never once did it cross my mind that he should have to pay or do the work. I was living in the house, any wear and tear were obviously mine so I felt it was my responsibility to put them right.

I thought it was down to the tenant to redecorate. Let say you move in to a newly decorated place surely you need to keep it that way.
At the end of a tenancy you need to hand it back newly decorated.
Well I would if it was me renting it.

theartfullodger

Tenant can demand anything he likes, including redecoration (he can demand your hat size if he so desires..). Landlord does not however have to agree.

However, as a landlord I find cherishing a good tenant is usually prudent. But, deciding if a tenant paying 10% below market rates and with arrears & the fairly certain prospect of HB/LHA reduction by Dave at #10 (yes I know they are on the old rules - just wait till they get changed.._) is a good tenant may not take many people very long..

phill99

callmechar wrote: »

In private rented you pay enough to the LL - I think LLs should do the decorating. Why should the tenant who pays an arm and a leg to live there and cannot do anything eg even put up a shelf!

The reason the T pays and arm and a leg is because its a sellers (LLs) market. We have not had an effective social / affordable home building programme in this country since 4th May 1979 (the day Mrs Thatcher was elected) and the slack has been taken up by private landlords, often at public expense (via HB). Landlords make a lot of money because successive governments have allowed it to happen and we, as an electorate, have done nothing about it.

If this was social housing (which effectively it is as the taxpayer is supporting the rent payments), then the Local Authority or Housing Association would not be required, nor would they be expected to undertake decoration for tenants (save for in a few cases such as sheltered accommodation etc) Therefore, if the T wants the house to become her 'home' then its only reasonable for her to decorate it.

Most LLs would be happy that the T was undertaking decorating which can only enhance the capital asset for the LL.

seven-day-weekend

A quick once over of magnolia isn't going to break the bank, although I don't think the tenant is 'entitled' to it. She surely knows where she is well off.

silvercar

Sounds like the tenant is anchored. If she moves she will be on LHA and subject to a lower rate and possible future cuts, plus she may not even be able to get the same sort of property if rents have increased since she moved in. So really she is going to want to stay put.

Does she realise that its cheeky to ask for decorating to be done when she owes money? Maybe she is used to a council tenancy when the council will redecorate every few years.

If she really is living on benefits (which full HB seems to suggest), money must be tight, so asking her to contribute may not be an option.

Difficult one, you could be hard nose and say no, you could even say "never while there are arrears".