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Moving out, ending contract early, decorating

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  • Sorry, I ended up with a really long OP as I was trying to put in all the relevant information and managed to leave that bit out.
    The original contract and subsequent annexes state that the tenant agrees with the landlord:
    'Not to do damage or injure the property or make any alteration in or addition to them including decorating or fixing items to walls without the prior written consent of the Landlord.'
    'To deliver up the property at the end of the term in the same good and clean state of repair and condition as it was at the beginning of the term and make good or pay for the repair of or replace all such items of the contents as shall be broken, lost, damaged, or destroyed during the tenancy (fair wear and tear and damage by accidental fire excepted.)'

    We received written permission to redecorate, and decorated prior to the latest agreement/term.
    We've also arranged to complete on our house two weeks before the lease is up. We've said we can vacate the property a week earlier than the lease terminates so they can get in and do any work before the new tenants come in.

    They've advertised the flat with pictures from before we moved in, so they have made some comments about not wanting to show people the flat as it is as they'll be expecting it to be cream when in fact it's grey. They'll probably expect everything to be brand new, but might notice the missing grout, 7 year old furnishings, etc as well...
  • ashp_2
    ashp_2 Posts: 416 Forumite
    Ninth Anniversary Combo Breaker
    Sorry, I ended up with a really long OP as I was trying to put in all the relevant information and managed to leave that bit out.
    The original contract and subsequent annexes state that the tenant agrees with the landlord:
    'Not to do damage or injure the property or make any alteration in or addition to them including decorating or fixing items to walls without the prior written consent of the Landlord.'
    'To deliver up the property at the end of the term in the same good and clean state of repair and condition as it was at the beginning of the term and make good or pay for the repair of or replace all such items of the contents as shall be broken, lost, damaged, or destroyed during the tenancy (fair wear and tear and damage by accidental fire excepted.)'

    We received written permission to redecorate, and decorated prior to the latest agreement/term.
    We've also arranged to complete on our house two weeks before the lease is up. We've said we can vacate the property a week earlier than the lease terminates so they can get in and do any work before the new tenants come in.

    They've advertised the flat with pictures from before we moved in, so they have made some comments about not wanting to show people the flat as it is as they'll be expecting it to be cream when in fact it's grey. They'll probably expect everything to be brand new, but might notice the missing grout, 7 year old furnishings, etc as well...

    Is your deposit protected with DPS?

    It will come down to the colour really. If your walls were currently magnolia you could easily say it's 7 years wear and tear, we are not doing it.
  • Yeah, deposit is with an intermediary, mydeposits.co.uk
    The walls are different colours, mostly grey but a few rooms are different. There was bright pink wall, but that's been toned down for a few years now! No black walls (although I'm very excited about having an ink-dark wc in our new house)

    Thanks for the help by the way, I know I'm coming across as very petulant, but I'm just annoyed at them and spitting my dummy out!
  • ashp_2
    ashp_2 Posts: 416 Forumite
    Ninth Anniversary Combo Breaker
    Yeah, deposit is with an intermediary, mydeposits.co.uk
    The walls are different colours, mostly grey but a few rooms are different. There was bright pink wall, but that's been toned down for a few years now! No black walls (although I'm very excited about having an ink-dark wc in our new house)

    Thanks for the help by the way, I know I'm coming across as very petulant, but I'm just annoyed at them and spitting my dummy out!

    If you don't painf if yourselves and if comes down to the LL trying to take money from your deposit you could dispute this with mydeposits.co.uk and they will make a decision and even if they found in the LL'S favour they may say you only have to pay 50% pc hd cost of something like that. It's a difficult one really. Communicating with the Landlord prior to moving out is the best way to get this resolved and telling them what you have said here in terms of the agreement made.

    If you do end up for any reason having to pay the remaining lease because they can't get new tenants make sure you let the council know the date you move out. I have moved out 2 months into a 6 months tenancy previously and they tried to make me pay council tax for the full 6 months.
  • Thanks again Ashp. Our new house is only a couple of streets over and within the same council so hopefully that will be easy to sort.
  • MyOnlyPost
    MyOnlyPost Posts: 1,562 Forumite
    I have a strict policy of putting everything in writing to my tenants, it protects me and it protects them. Unfortunately you cannot rely on a verbal agreement unless recorded with consent or witnessed by someone who is impartial. As I put in my first post some landlords can be a real pain. Don't get me wrong, I would have said from the outset that rent was due until a new tenant was found, but I would never have led you to believe otherwise.
    It may sometimes seem like I can't spell, I can, I just can't type
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