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Should tenants paint back wall to magnolia?

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  • Nobbie1967
    Nobbie1967 Posts: 1,669 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    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

    Once they've moved out and left the painted walls, they have no right to re-enter to repaint. You are within your rights to employ a decorator to do the job and deduct from the deposit. I don't see how they could win this as they will have no proof of permission being granted to redecorate as stipulated in the contract. I wouldn't bother raising it until they move out though in case they get stroppy about it and do a bodge job.
  • Okydoky25
    Okydoky25 Posts: 1,139 Forumite
    Part of the Furniture 1,000 Posts
    From a tenants POV did the LA ever agree to the tenants that they could decorate? I was once stung after only getting a verbal agreement from my LA when viewing the property. At the next place I made sure I had this in writing. The LL still claimed they had not given permission but I had it in writing this time to prove it. LA will say a lot of untruths just to get a let!
  • No, I did all the viewings myself. They asked when they viewed if they could re-decorate. I said that could only be done with explicit permission from myself. They then signed the contract that re-iterated that. The LA was only present when they signed the contract to help me through it as I'm a first time landlord. So I know that the LA has never made false promises.
  • OP are you now planning to sell the property or to let it out again?

    If you're letting it out: Personally I would leave it as is, and then the next tenants who come along tell them they can change the colour if they wish. I'd stipulate 'no wallpaper' though as that can be a pain in the **** to get rid of!

    Magnolia is a nice blank canvas, but having lived in 3 rental properties it doesn't half get wearing as a reminder that 'you don't have your own house' So to have somewhere that you could decorate yourself might be an attractive proposition to tenants (depending on type of course)
    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.

    Do you mean to say that if they'd asked you if they could paint it turquoise or have a big dog you'd have said no? Or is it more of a principle thing?

    You could ask them to paint it back, but as others have said they might just do a rush job. Though it might be easier to tidy up their rush job than do it all yourself. Hope you get it sorted.
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    Nobbie1967 wrote: »
    I don't see how they could win this as they will have no proof of permission being granted to redecorate as stipulated in the contract.

    How do you prove to a DPS adjudicator that the tenants painted the walls turquoise, if there is nothing to document what colour they were when the tenants moved in?

    To OP - for your next set of tenants, get a better check-in report done. When they moved in you seemed quite concerned about them not decorating without your permission, yet you didn't get the current decorative state recorded.
    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 warning
  • RAS
    RAS Posts: 35,676 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    benjus wrote: »
    How do you prove to a DPS adjudicator that the tenants painted the walls turquoise, if there is nothing to document what colour they were when the tenants moved in?

    To OP - for your next set of tenants, get a better check-in report done. When they moved in you seemed quite concerned about them not decorating without your permission, yet you didn't get the current decorative state recorded.

    There is the agents film of the house taken before the tenants moved in. Not dual signed but a help.
    If you've have not made a mistake, you've made nothing
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    No, I did all the viewings myself. They asked when they viewed if they could re-decorate. I said that could only be done with explicit permission from myself. They then signed the contract that re-iterated that. The LA was only present when they signed the contract to help me through it as I'm a first time landlord. So I know that the LA has never made false promises.
    Forget about the walls...it's normal to repaint between tenancies so they could just claim normal wear and tear especially if you were to paint other walls at the same time....and what's a tub of paint cost? £15...not worth it in my opinion.

    What about the dog though? A dog could damage the property much more than a wall being a different colour.

    If you have evidence the tenant has pets and you do not want them to have pets you will need to write them a letter....to either rehome the pet, pay an extra amount to be lodged as a deposit or you will have no choice but to give them the correct notice to leave.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • RAS
    RAS Posts: 35,676 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    RAS wrote: »
    Did you or the estate agent send the precribed information within the 30 day deadline?

    We still do not have an answer to this question, though?

    Which matters as it affects the validity of the S21.
    If you've have not made a mistake, you've made nothing
  • ragecake
    ragecake Posts: 189 Forumite
    As a tenant, I would be happy to paint over with a neutral colour if I painted it in a bright colour, Because then I get to make the house feel more like a home, which encourages tenants to want to rent from you, also increases trust between you and them.

    However, with the tenants you have, they should of informed you, out of pure politeness, I would have a word with them, quietly, and non aggressive, and see how they act.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Magnolia is a nice blank canvas, but having lived in 3 rental properties it doesn't half get wearing as a reminder that 'you don't have your own house' So to have somewhere that you could decorate yourself might be an attractive proposition to tenants (depending on type of course)

    Absolutely!! I am SICK of having to live with my landlord's bland tastes, not able to use blutak, not able to hang picture hooks, and tall walls with acres of cheap magnolia.
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