Should tenants paint back wall to magnolia?

kissprudence

I became a landlord a year ago after needing to move for work but being unable to sell my house (4 viewers in a year, no offers). I went through a lettings agent to market the property, credit check the tenants and draw up all the contracts/ paperwork but I manage the property myself. The property was renting out within a week of it appearing on rightmove. My first tenants signed for a year but are moving out on 1st Oct.

It stipulates in the tenants contract that they may re-decorate only if discussed with myself first and my explicit agreement given. I also had the same clause for pets (the house is in a family area and I thought 'pets considered' would be more attractive to potential tenants). The tenants have never discussed any of the above with me but have painted the lounge turquoise and are keeping a massive dog. I have no idea what they have done to the upstairs of the property as I haven't been up there for a year.

My question is: should I ask the tenants to paint the lounge walls back to magnolia before they leave? (the onus being if they don't, then some of the deposit will be withheld). My lettings agent has advised against this saying that they will throw cheap paint on it and do a crap job. He reckons I should just suck it up and get in there the day after they leave and repaint myself (it's a 22ft through lounge so quite a job). Friends have said that I should withhold their deposit anyway for being in breach of contract what with the massive dog and the unsanctioned turquoise walls but personally I think that's unfair. Opinions please?

MartynK

You could casually mention that they are expect to return it to the condition (minus reasonable wear and tear) when they leave and see what they say?
Going straight in discussing the deposit probably will start friction off. Maybe they full well intended to return it to normal when they leave to get their deposit back.

With-holding the deposit because of having a pet isn't a valid arguement. If the property has been damaged because if it and needs repairs/flee treatment etc then those would be reasonable deductions.

I assume the deposit is protected and you have a check in inventory?

camptownraces

When the tenants leave your property, you, the landlord should arrange to have those walls decorated by a professional decorator so that you get magnolia walls to a good standard.

The cost should come out of tenants' deposit, providing of course that it is protected properly and you gave tenants the prescribed information.

Similarly for damage by the dog, over and above fair wear and tear, you should be able to rectify using deposit.

This rather presumes that you have a proper check-in inventory, agreed with the tenants. Do you?

moneyistooshorttomention

Someone will be along soon with the legal ins and outs.

Re opinion on the other hand, I would personally charge them for the cost of repainting the house back to magnolia (including decorators wages). After all, you did have that down as a specific part of the agreement and they have broken that agreement by not even consulting with you.

It may well be true that they would do a quick bodge job of decorating themselves and I certainly would refuse to do their redecorating myself (and hence the decorators wages). Silly people...it costs a few hundred £s to get in a decorator for anything much at all. Still...they did it to themselves...

benjus

It really comes down to what kind of report/inventory was produced at check-in. For example, if you have an inventory that is signed by the tenants stating that the paintwork was magnolia and in good condition, they should leave the property in that condition or expect to have claims against their deposit for the cost of redecorating.

If you have no inventory at all, you are unlikely to be able to defend any claim on the deposit if the tenants dispute it with the deposit protection service (it is protected, right?).

If the inventory states that the walls are magnolia but doesn't document the condition, then would probably depend on how the tenants leave it - if they leave the walls turquoise you would probably have a valid claim. However, if they repaint it magnolia, even if it's a shoddy job with cheap paint, you are unlikely to have a case.

If you do have a detailed check-in report you should obtain a check-out report that's just as detailed, and ideally conducted in the tenant's presence at the time they hang over the keys.

rpc

If you do it yourself, you can't charge labour. You'd be better getting a professional in.

For the pets, check for dog hairs. If they have left some, you can charge for carpet cleaning.

If you can't get a check-out inventory signed by T, take photos as proof.

Does the check in inventory state the colour of the walls or do you have some other proof? If the only record you have is that the walls were in good condition, T can argue that they have been left as they found them (turquoise, good condition).

dimbo61

This was your home and is now a rental property!!!
As others have already asked Did you have a proper detailed inventory done when they moved in ? Which they signed with photos?
If not you will lose in any claim for deposit deductions.
Now if you do want to claim you need to employ a painter and get receipts, same with cleaning and again you need receipts.
You have employed Letting agents ( did they sort out an inventory ???)

G_M

dimbo61 wrote: »

....You have employed Letting agents ( did [STRIKE]they [/STRIKE]you pay them to sort out an inventory ???)

Big difference!

kissprudence

Yes, there is a check in inventory that was agreed with the tenants but it does not state the COLOUR of the walls, merely states what contents are in the property i.e. washing machine and fridge freezer. My letting agent said those were the only necessary things to write down. The LA did film the vacant property before the tenants move in to show the condition of it though so that may be of some use.

The essential problem that I have with taking decorating money out of their deposit is that the tenants are bound to dispute this and say they will do it instead. I'm then being led down the garden path so to speak as I may get the botched job. This could all blow up into a nasty dispute which I don't have the time or energy to battle out. I think I've answered my own question here actually - think I'll just repaint it myself.

PS of course the deposit is protected with DPS

jbainbridge

Surely one of the reasons you use a scheme like DPS is that they can help handle any dispute. It does sound like you have enough evidence to win this.

Once they have vacated ... they can't 'offer to do it themselves'.

Also a house that has had a dog in will probably need professional cleaning - keep this in mind. Also many LL that do allow pets will take a larger deposit for this very reason.

RAS

kissprudence wrote: »

Yes, there is a check in inventory that was agreed with the tenants but it does not state the COLOUR of the walls, merely states what contents are in the property i.e. washing machine and fridge freezer. My letting agent said those were the only necessary things to write down.

DId it state the condition of everything?

The LA did film the vacant property before the tenants move in to show the condition of it though so that may be of some use.

That is mot useful.

The essential problem that I have with taking decorating money out of their deposit is that the tenants are bound to dispute this and say they will do it instead. I'm then being led down the garden path so to speak as I may get the botched job. This could all blow up into a nasty dispute which I don't have the time or energy to battle out. I think I've answered my own question here actually - think I'll just repaint it myself.

Errr.......no.

PS of course the deposit is protected with DPS

Did you or the estate agent send the precribed information within the 30 day deadline?

You have to wait until the check-out inventory is done and see if the walls have been re-painted magnolia.

If this has been down properly, you do not have a problem so why are you stressing now?

If the job is done badly, you can charge them the cost of re-painting the walls - just get a quote from a decorator for the job.

You do not need to do the job yourself; why would you?