Moving out, ending contract early, decorating

not_so_witty

Hi,

We've rented the same flat for almost 7 years. Always paid on time, etc. landlord and letting agent are the same people. They buy property, do it up and rent it out. When we moved in the flat was newly refurbished, great job. After about a year, the low quality paint showed... up on a cloth if you were wiping a wall. Basically the paint was cheap and cheerful and not looking cheerful any more. After living in the flat for around 2 years, we asked if it could be repainted or, failing that, if they paid for the paint we would paint it ourselves.
They refused to either pay a painter or pay for the paint as 'when we moved out they would have to paint again anyway.' Bare in mind you could literally see the plasterboard in the kitchen walls from where the paint just wiped away. I would have imagined it to be fair wear and tear. In the end they agreed that we could paint the walls. And that we could paint it any colour we wanted as long as it wasn't black. We got this in writing and although we have lost the original letter, we have a notice on a contract stating that:
'Please note that you are not able to release yourself from tenancy agreement early by providing notice.
Additionally, it has been agreed that when you finally vacate the property XXX (the landlord) will repaint the walls within the property without charging you the tenants.'
This was the contract agreement in 2015, the one in 2016 doesn't state about the paint but does say about not releasing early. We have had many conversations with the landlord confirming that we had agreement to paint the walls.
They habitually ask us to resign the lease three months before it's due to expire. Last year we informed them that we were looking to buy and asked if there was a way to lease for less than a year. We were told that we had to take a 12 month contract but it would be fine, they'd get someone in and waive the administration charge as we are such good tenants. That was March 2016, the contract was due to run July - June 2017
We're now moving out in June 2017
They're charging us a fee of £125 to admin the change, fair enough, at least it's not 3 mths rent. However, they have also just called to insist that we repaint the flat in magnolia. They've offered to supply the paint but we need to paint it.
I've dug out the old letter and sent it over to them, but now I'm concerned that they'll enforce the clause about not getting out early - can they do that?

MyOnlyPost

If I have read correctly a previous tenancy agreement stated that the landlord would paint the flat but your current one doesn't? I would think if that is the case you are not able to rely on that clause as it is not currrent.

You also have a letter giving you permission to paint the flat any colour but black. I assume that letter doesn't make any reference as to who is responsible for returning it to magnoila at the end of the tenancy?

You have a fixed one year tenancy that runs July 2016 to June 2017 and you are moving out in June 2017. Is that a typo because that's not early

not_so_witty

That last bit was a typo - we're moving out in March. We let them know in December and confirmed the dates last month.
The painting was done prior to signing the letter in 2015, no new painting was done after that. The most recent tenancy agreement made no mention one way or the other about the painting. Technically it stayed in the same state as when we signed it.
We seem to have lost the letter providing permission, this was prior to 2015. It was our understanding, especially with the previous refusal to do any touch-ups because they would be painting it after we left, that they would be responsible for it.
I can't imagine that they wouldn't be repainting the flat if it still had only the original paint on it.

ashp_2

Sounds like you will need to get your paint brushes out!

MyOnlyPost

I agree that you would expect them to paint it after such a long tenancy. Unfortunately there are some unscrupulous landlords and letting agents out there who will go by the letter of any valid contract you have signed. It seems to me your landlord may be quite reasonable if they are letting you out of your contract for £125 with 3 months left on the tenancy, but then they may have a tenant lined up. They may also be reasonable over the painting, I would recommend communication is key so long as everyone can be reasonable. Although your current contract doesn't state that the landlord will paint the flat when you leave does it state that you should? They cannot enforce a term that isn't in the contract but as you rightly said that may then cause them to think twice about the early release which they can enforce

not_so_witty

Seriously? They can just not be arsed to even touch up the walls in seven years, agree that they'll repaint but because we didn't get a sentence in the most recent agreement we have to paint it for them?
The property is in the same condition as in the most recent agreement, including the paint colour.

MyOnlyPost

not_so_witty wrote: »

Seriously? They can just not be arsed to even touch up the walls in seven years, agree that they'll repaint but because we didn't get a sentence in the most recent agreement we have to paint it for them?
The property is in the same condition as in the most recent agreement, including the paint colour.

That's not what I said. I said they can enforce the 3 months left on the tenancy and currently they aren't going to. As you asked yourself at the end of your post, if you say no to the painting they can't make you do it, but they can make you see out your tenancy.

not_so_witty

Sorry MyOnlyPost, that wasn't directed at you, but at the 'get your paintbrush out' comment. We've just spoken to our landlord and had him do a complete 180 so I'm pretty furious right now. 5 years of being told that it was fine to do what we wanted, a year of agreeing that we'd be moving out but didn't want to move somewhere shortterm so would stay here till we bought a place and it would be no problems and now he's being awkward. He has said to my face that there would be absolutely no problems getting someone in and said on the phone that they've already had queries so it's not like we're leaving him in the lurch.

ashp_2

I would of thought rather than forgetting to put the part about the paint into the most recent agreement this part was specifically removed. This suggests the landlord intended for you to pay for the repainting of the property at the time of this agreement.

Whatever was verbally agreed stands for nothing unfortunatly, unless it's on paper. As above if you make life difficult for the landlord they may decide they want you to pay up untill the end of your tenenacy. As I said above it may work out cheaper for you to get the paint brushes out.

not_so_witty

If they don't get a tenant in they won't let us out of the lease, so we could end up repainting and still paying for an extra three months.

ashp_2

not_so_witty wrote: »

If they don't get a tenant in they won't let us out of the lease, so we could end up repainting and still paying for an extra three months.

Ah I didn't realise that. This is quite normal so I wouldn't say your getting any preferential treatment on that part!

It depends exactly what it does say in your tenancy regarding the painting. If there is something there that enables them to get somebody in to paint it once you are gone it's possible you will pay for this from your deposit if you don't paint it yourself.