Deposit deduction over re-paint of the wall: Advise from landlord & tenant please

Sstar

Hi,

I am having a bit of dispute with my landlord regarding the deduction on the deposit. Earlier I have stuck something on the wall with tape (totally my fault!) I have removed it after the live-in landlord has found out. However, the damaged has already done.:(

As I am moving out soon, the landlord mentioned that the room need to repaint all over by professional (even the damage is about 2 patches of 3cm* 6cm size just right above the door frame). Their reason being is that you can see the color different in the wall if I repaint that corner myself. And of course the money will be deduct from my deposit.

Also, there were some mould on the wall in the bathroom and they said they need to repaint the wall with anti-mould paint! I replied that I have already wiped it away and there aren't any signs of mould at all! But they insisted that it will re-grow so they need to repaint. I thought it will count as normal tear and wear plus I have already wiped everything away. Should I be paying for it as well.

In the end, they had a quote for labour and paint £200+

What could I do? I am definitely not going to pay for the full cost as I am not responsible for the aftercare of the bathroom!

Also, have they got the right to request the repaint the whole room and deduct on my deposit ?

Many thanks :j:j

G_M

As you are an 'Excluded Occupier' (lodger) I assume your deposit is not protected in a registered scheme (although it might be). Is it?

If it is not, your only options are tto

* negotiate a compromise with the landlord or
* sue the landlord in the courts for the return of your deposit (https://www.moneyclaim.gov.uk/web/mcol/welcome)

1) how old is the paintwork in each room? The landlord cannot claim 'betterment' So if, say, the paintwork is already 5 years old, and you paid for complete new painting, the LL would be 'better off' than if you had not done any damage (he'd have improved 5 year old paint to brand new.

2) does the LL have the original paint? If you can buy the same matching paint you should 'touch up' the damaged area.

If the rest of the wall is 5 year old paint, yes, the freshly painted bit will show up, but see 'betterment' above.

If the rest of the wall is relatvely newly painted, the touched up bit will not show up.

3) who used the bathroom? Just you, or was it shared? If shared, how can the LL be sure you were respnsible for the mould?

4) What caused the mould? Does the bathroom have a window? And/or an extractor fan?

If yes, did you open/switch on when using the bathroom to allow steam to escape?

5) if the landlord is convinced the mould will re-grow, why is he painting it? This will not prevent the mould re-growing. He needs to resolve the cause of the mould.

[Deleted User]

If could get a matching shade of paint, I would repaint the whole wall (not the room, just the affected wall). I did this with one wall in a magnolia painted room - and there are many shades to magnolia lol. It didn't quite match the other walls, but no one noticed as it almost did.

saajan_12

G_M wrote: »

2) does the LL have the original paint? If you can buy the same matching paint you should 'touch up' the damaged area.

If the rest of the wall is 5 year old paint, yes, the freshly painted bit will show up, but see 'betterment' above.

This is where it gets tricky. I agree the LL should not get the full cost of a newly painted room as that would be betterment. However at the same time, damage to the wall / a patch paint is not fair wear and tear, and the LL should get back a 5yr old evenly painted wall. IF the only way to achieve that is by repainting the whole wall, surely that should be covered by the tenant.

benjus

saajan_12 wrote: »

This is where it gets tricky. I agree the LL should not get the full cost of a newly painted room as that would be betterment. However at the same time, damage to the wall / a patch paint is not fair wear and tear, and the LL should get back a 5yr old evenly painted wall. IF the only way to achieve that is by repainting the whole wall, surely that should be covered by the tenant.

The usual way to deal with this is to take the expected life of the object in question (in this case the paintwork) and divide the costs between landlord and tenant accordingly. For example if the expected life is 7 years and the tenant moved out when it was 3.5 years old, it would be a 50/50 split (assuming that repainting the whole room was justified). If the paintwork is older than the expected life then it's considered worthless and the landlord should foot the whole bill (in other words, landlords should expect to have to redecorate every few years and budget accordingly).

However, this may all prove academic unless the landlord is willing to negotiate or the tenant is willing to go to court, since it appears we're talking about a lodger rather than an AST tenant.

saajan_12

benjus wrote: »

The usual way to deal with this is to take the expected life of the object in question (in this case the paintwork) and divide the costs between landlord and tenant accordingly. For example if the expected life is 7 years and the tenant moved out when it was 3.5 years old, it would be a 50/50 split (assuming that repainting the whole room was justified).

Apologies, yes you would take the proportion of the cost based on the lifespan, but my point was I think it's fair to base this on the cost of repainting the wall/room to make it even rather than the cost of the patch.
i.e. assuming 3.5yrs lost use, tenant charged 50% of whole room/wall painting (whatever is the minimal to make it look even) rather than the cost of a patch (which may be 0).

Sstar

Thanks for the link. It is very helpful! Especially where it explains about how to calculate the cost of the work to the tenant. I don't know how long they had the wall painted but I assume it must be over 6 years when they bought the house. I m going to color match the paint on the wall and hopefully the damaged patches will not be visible.
If it is still visble, I bet they are going to ask me to pay for repaint the whole room and I am happy to pay part of the cost but not whatever amount they had quoted for.

In terms of proportions of the cost towards myself, what do you suggest is the best way to approach? I had a feeling that they will refused whatever I have suggested and said "you were told not to stick anything on the wall so you will be paying for it all.

For the bathroom, it is solely for my use. I was told by the LL that the wall has mould after I came back from holiday. I guess the mould grew when there was no ventilation and window. LL :cool:said wiping them away doesn't mean that they are gone. Therefore, it require to paint a anti-mould treatment / paint then re-paint it (I assume they are talking about the whole bath room). But my concern is that the mould is gone completely and I cannot understand what it has to do to me if it has regrow after I have moved out?!

Will this could as "wear&tear"? Can I refused to pay for the work for the bathroom?

Also, when a LL deduct deposit, do they need to provide you with evidence, such as invoices? If they transfer the remaning amount back to your bank account automatically, do you still have any right to challenge the deduction?

Slithery

Sstar wrote: »

Also, when a LL deduct deposit, do they need to provide you with evidence, such as invoices?

No. They don't even have to do the work that they've claimed the money for.

Guest101

Slithery wrote: »

No. They don't even have to do the work that they've claimed the money for.

Indeed - for context:


Op if you hit my car and damage it, I don't have to prove I repaired or replaced it, I can simply claim the cost and keep the money


same principle

G_M

Sstar wrote: »

....

For the bathroom, it is solely for my use. I was told by the LL that the wall has mould after I came back from holiday. I guess the mould grew when there was no ventilation and window. LL :cool:said wiping them away doesn't mean that they are gone. Therefore, it require to paint a anti-mould treatment / paint then re-paint it (I assume they are talking about the whole bath room). But my concern is that the mould is gone completely and I cannot understand what it has to do to me if it has regrow after I have moved out?!

From what you have said, the mould is not your fault. If it appeared during your absence, then there is a structural problem with the property which is the LL's responsibility, rather than any misuse by the lodger (ie showering witthout opening the window).

That is why identifying the cause of the mould is important. Ad it is for the landlord to prove that you caused the mould. What does he say you did, or did not do, to cause the nmould? Ask him.