Painting liability after property tenancy ends - Scotland

mcgtech

I am about to move out of a flat that I have rented for over a year in Scotland.

We filled in a few holes (tv wall mounted with agreement from landlord) and touched up some normal wear and tear on paintwork.

Asked LL for exact paint colours, got them from Dulux Paint Centre - bedrooms all fine, but the rest of the house where I have touched up, the paint they specified is a shade too dark and hence shows up.

So, if they ask us to repaint because of this (living room, hall and kitchen), are we liable, and if we don't will they be able to deduct the cost from the deposit?

Many thanks.

ReadySteadyPop

mcgtech said:

I am about to move out of a flat that I have rented for over a year in Scotland.

We filled in a few holes (tv wall mounted with agreement from landlord) and touched up some normal wear and tear on paintwork.

Asked LL for exact paint colours, got them from Dulux Paint Centre - bedrooms all fine, but the rest of the house where I have touched up, the paint they specified is a shade too dark and hence shows up.

So, if they ask us to repaint because of this (living room, hall and kitchen), are we liable, and if we don't will they be able to deduct the cost from the deposit?

Many thanks.

 Unlikely they will be able to deduct anything because they gave permission for you to do the work, deposit deduction is for proper damage to fixtures and fittings, not for a slightly wrong shade on a repair job (that you saved the landlord money by doing)

theartfullodger

If they keep arguing simply go to deposit scheme & dispute.  They specified the shade, their problem.

https://scotland.shelter.org.uk/housing_advice/tenants_rights/deposits/getting_back

saajan_12

Could it just be due to the paint fading in the sun over time? 

Was it specifically agreed that you'd touch up - as that's rarely going to match paint that's had normal wear, fading, etc. They might have been fine with you giving any affected walls one coat all over, but touching up is going to stick out. Depending on what you were covering, if it was normal wear then that might have been better than splodges everywhere. 

ecohousepaintings

Generally, tenants are expected to return the property in the same condition it was in at the start of the tenancy, allowing for fair wear and tear. This includes the state of the paint and walls.If the paintwork is worn due to normal use over time , the tenant is not liable.However, if the tenant has damaged the paintwork they may be responsible for the cost of repainting.

ecohousepaintings

The landlord can propose deductions from the tenant’s deposit if painting is needed due to tenant-caused damage or unapproved changes...Both should hire a professional paint service by consensus to avoid a dispute 

martindow

ecohousepaintings said:

The landlord can propose deductions from the tenant’s deposit if painting is needed due to tenant-caused damage or unapproved changes...Both should hire a professional paint service by consensus to avoid a dispute 

Are you a 'professional paint service'?  The OP doesn't need to pay for reports - merely need to let the deposit scheme adjudicate.  As the tenant did what was instructed by the landlord they are likely to be treated favourably and in any case the landlord cannot claim betterment.

Murphybear

I’ve worked with a few hundred landlords over the years.  The majority didn’t mind if the wall colours changed as long as the property looked neat and tidy.  In terms of changing the colour one said to me “I don’t care what the colour is, I’m not living there”.  

Best thing is to ask the landlord what will be acceptable