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Landlords job to paint interior or Tennants

Afternoon all 
Im wondering if anyone can shred some light
Being as this is my first property ive rented 
I didnt give it a thought  until now  i was just so pleased to have found somewhere as i was getting desperate...ive been living here for a 1 1/2  yrs  and ive put up with  the nicotine running down the walls everytime i cook.  well i mentioned to my landlord about it he told me to paint it,
I pointed out that it should been painted before i moved in  he said it was i disagreed with him and he blamed me for the nicotine , he said it was painted 4 months  before i moved in,  his mother who was living here before me  and she smoked liked a trooper burning holes in the lino  which are still there he just told me to cover them up with are rug when i first moved in...   but im sure he'll blame me for them too.  
Is it my job to paint it or is it his 
Thanks sandy 

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Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 8 December 2020 at 2:34PM
    Neither. It's your job to return the property at the end of the tenancy in the same condition that it was at the start. Feel free to ask the landlord for permission to paint it yourself now if you want to.
  • Landlords job to present the house in the way that will show the house off the best to potential tenants. You accepted it as it was - if you no longer like it you can paint it yourself if you want (some landlords may be willing to do it, unfortunately yours is not). You could try asking the landlord if he would at least pay for the paint as you are doing him a favour (assuming you don't wreck the place dropping a tin or paint or something).
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If there is disagreement about who caused the nicotine stains, what does the inventory say and photos show from when you moved in?
    Painting is really up to the LL - he has no obligtion to redecorate though, unless he agreed contractually at the start that he would do so.
    You can ask him - he can agree or decline.
    If he declines, you can ask his permission to do it yourself. If he agrees, confirm in writing or you may have issues when you move out.
  • Sadly i didnt take any photos .
    If the landlord can get away without spending money on the property he will  this is the impression im getting  ive tried to get him to clean the gutter and he hasnt  
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Presumably these nicotine stains where there when you viewed, and are noted on the check-in inventory when you moved in...?

    You definitely can't just paint over them - give them a VERY good wash-over with sugar soap. It may need more than one scrub. Then, when you've got them to almost nothing, THEN you can paint...
  • Ive got a mouldy conservatory  to he said thats down to me to clean 
    Thank you for the replies
  • Yes i have washed the   walls doors etc what i can reach  but i havent washed the ceiling 
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 8 December 2020 at 3:28PM
    There is case law suggesting that gutters are routine maintenance and fall under acting in a  'tenant-like' manner.
    There is also case law suggesting tenants should not be required to undertake dangerous maintenance which working at height might be. So it's not clear cut legally.
    The mouldy conservatory: you can clean it if you want it clean. But if it was mouldy when the tenancy started, as evidenced in the inventory/photos, then you can return the conservatory to the LL at the end of the tenancy in the same mouldy condition.
    There are several concepts here:
    * repairs, maintenance and improvements a landlord is legally obliged to undertake. Does not appear relevant here (possibly the gutters)
    * condition of the property when the tenancy ends, compared to at the start, and the tenant's liability for deteriorating. Normally inventory Vs check out report.
    * improvements the tenant chooses to make (eg painting). Should only be done with LL's (ideally wrtten) permission.
    * contractually agreed improvements when the tenancy started. Again, ideally written to avoid disputes over what was promised.

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