Deposit claiming from the tenant

deepam

Hi,

I am making a claim against the tenant’s deposit in relation to repainting costs.

The property was provided to the tenant freshly painted throughout, including all woodwork. This condition was clearly recorded in the inventory, which the tenant reviewed and signed. The tenancy lasted 15 months.

At the end of the tenancy, the condition of the paintwork had significantly deteriorated and was not consistent with how the property was originally let. There was visible dirt and staining around light switches, pencil marks in multiple areas (caused by the tenant’s children), dirt built up in skirting grooves, scratches on walls, and marks in the kitchen. This went beyond what I would consider fair wear and tear for a 15-month tenancy.

Following inspection, it was clear that the property needed to be repainted, as the condition of the paintwork would not be acceptable to a new tenant. The repainting (excluding woodwork) cost £1,400, including labour. I can provide proof of payment via bank statements.

I requested a contribution of £650 from the tenant, which is less than the total cost incurred. The tenant has declined and is threatening to refer the matter to the Tenancy Deposit Scheme (TDS).

I would like to clarify that, in my view, dirt around switches, marks and specks on kitchen walls, pencil marks, and scratches on walls cannot reasonably be considered normal wear and tear over a 15-month period.What do people make of this. Should I let him go to TDS?

Isthisforreal99

You are not entitled to betterment, e.g. painting 4 walls when only one required it. I would say, based on my own house, a bit of dirt round light switches is normal wear and tear with the skins natural oils making marks over time. 

Did you take photos of the 'damage'?

Grumpy_chap

deepam said:

Hi,

I am making a claim against the tenant’s deposit in relation to repainting costs.

The property was provided to the tenant freshly painted throughout, including all woodwork. This condition was clearly recorded in the inventory, which the tenant reviewed and signed. The tenancy lasted 15 months.

At the end of the tenancy, the condition of the paintwork had significantly deteriorated and was not consistent with how the property was originally let. There was visible dirt and staining around light switches, pencil marks in multiple areas (caused by the tenant’s children), dirt built up in skirting grooves, scratches on walls, and marks in the kitchen. This went beyond what I would consider fair wear and tear for a 15-month tenancy.

Following inspection, it was clear that the property needed to be repainted, as the condition of the paintwork would not be acceptable to a new tenant. The repainting (excluding woodwork) cost £1,400, including labour. I can provide proof of payment via bank statements.

I requested a contribution of £650 from the tenant, which is less than the total cost incurred. The tenant has declined and is threatening to refer the matter to the Tenancy Deposit Scheme (TDS).

I would like to clarify that, in my view, dirt around switches, marks and specks on kitchen walls, pencil marks, and scratches on walls cannot reasonably be considered normal wear and tear over a 15-month period.What do people make of this. Should I let him go to TDS?

Did the T pay everything they should pay in full and on time through the tenancy period?

I assume you knew there would be children living at the property so could have installed finger plates ahead of them moving in:
https://www.amazon.co.uk/Clear-Single-Switch-Surround-Protector/dp/B0CKGXFR58/

I am a LL and always decorate through between T's and just consider it a natural cost of doing business.  In 19 years, I have only asked a T to contribute to the cost of repairs twice:
 - Once a T smashed a patio door glass on moving in and it had to be replaced for security.
 - Once on a T departing where they melted candle wax into a brand new (when they moved in) carpet and left after only a year.

There was an occasion where I probably should have charged the T on departure as we found out when the next T moved in that the departing T had cracked the bath.  It was not noted at check-out so was our cost to cover.

My view is this is your cost to cover.

deepam

Yes, I did take photos. The entire flat was dirty and had pencil and scratch marks throughout. I felt the condition was such that a new tenant would not be comfortable moving in without repainting. In my view, paint should last around 4–5 years, which is why, since the tenant stayed for 1.5 years, I decided to deduct only 50% of the repainting cost.

pramsay13

Most of the things you describe sound like fair wear and tear perhaps with the exception of pencil marks which can probably be erased. 
I'm not sure why you see the deposit service as a threat, it is there to adjudicate when required if you can't agree with the tenant. 

deepam

I understand it sounds minor unless one sees the skin oils and the filth in person. But anyways - I get the idea that its cost between tenancies.

Isthisforreal99

deepam said:

Yes, I did take photos. The entire flat was dirty and had pencil and scratch marks throughout. I felt the condition was such that a new tenant would not be comfortable moving in without repainting. In my view, paint should last around 4–5 years, which is why, since the tenant stayed for 1.5 years, I decided to deduct only 50% of the repainting cost.

Your 'view' may hold no sway with TDS. You now have a newly repainted property instead of one painted 1.5 years ago. Your method of 'only' charging 50% has no real basis.

_Penny_Dreadful

deepam said:

Hi,

I am making a claim against the tenant’s deposit in relation to repainting costs.

The property was provided to the tenant freshly painted throughout, including all woodwork. This condition was clearly recorded in the inventory, which the tenant reviewed and signed. The tenancy lasted 15 months.

At the end of the tenancy, the condition of the paintwork had significantly deteriorated and was not consistent with how the property was originally let. There was visible dirt and staining around light switches, pencil marks in multiple areas (caused by the tenant’s children), dirt built up in skirting grooves, scratches on walls, and marks in the kitchen. This went beyond what I would consider fair wear and tear for a 15-month tenancy.

Following inspection, it was clear that the property needed to be repainted, as the condition of the paintwork would not be acceptable to a new tenant. The repainting (excluding woodwork) cost £1,400, including labour. I can provide proof of payment via bank statements.

I requested a contribution of £650 from the tenant, which is less than the total cost incurred. The tenant has declined and is threatening to refer the matter to the Tenancy Deposit Scheme (TDS).

I would like to clarify that, in my view, dirt around switches, marks and specks on kitchen walls, pencil marks, and scratches on walls cannot reasonably be considered normal wear and tear over a 15-month period.What do people make of this. Should I let him go to TDS?

What you’re describing goes beyond fair wear and tear but I think repainting the whole place is unnecessary. A dampened melamine sponge will likely remove most of the marks including the pencil. 

PostHoc25

Coming from a tenant's perspective here. I know it is in my tenancy to pay for a professional clean when I move out cost estimated at about £100-£150. I think that is a far fairer approach given there were children living there. Another option is to speak to prospective tenants and see if any want a home they can repaint. 
It is very common in the USA for landlords to allow tenants to paint homes but  not so much here. I've moved more than 20 times and only painted maybe 3 times. That way, you could take a little off the rent perhaps for a new tenant who wants to make the place their own and will cover the cost of repainting for you.
Either way, I'd have a professional clean done and start showing the property. Ask for feedback from viewers/agents about whether they feel it needs repainting after only 15 months.

You don't state what their pcm rent was, so I am unsure how much £650 is proportional to that, but it seems a lot.

_Penny_Dreadful

PostHoc25 said:

Coming from a tenant's perspective here. I know it is in my tenancy to pay for a professional clean when I move out cost estimated at about £100-£150. I think that is a far fairer approach given there were children living there. Another option is to speak to prospective tenants and see if any want a home they can repaint. 
It is very common in the USA for landlords to allow tenants to paint homes but  not so much here. I've moved more than 20 times and only painted maybe 3 times. That way, you could take a little off the rent perhaps for a new tenant who wants to make the place their own and will cover the cost of repainting for you.
Either way, I'd have a professional clean done and start showing the property. Ask for feedback from viewers/agents about whether they feel it needs repainting after only 15 months.

You don't state what their pcm rent was, so I am unsure how much £650 is proportional to that, but it seems a lot.

You don't need to pay for a "professional" clean regardless of whatever nonsense clause is written in the tenancy agreement.  All you need to do is ensure the property is cleaned to at least the same standard as at the start of your tenancy, minus any fair wear and tear.  How you achieve that doesn't matter. You can do the cleaning yourself or you can pay someone to do it, or you can rope friends and family to help.

marcia_

deepam said:

Hi,

I am making a claim against the tenant’s deposit in relation to repainting costs.

The property was provided to the tenant freshly painted throughout, including all woodwork. This condition was clearly recorded in the inventory, which the tenant reviewed and signed. The tenancy lasted 15 months.

At the end of the tenancy, the condition of the paintwork had significantly deteriorated and was not consistent with how the property was originally let. There was visible dirt and staining around light switches, pencil marks in multiple areas (caused by the tenant’s children), dirt built up in skirting grooves, scratches on walls, and marks in the kitchen. This went beyond what I would consider fair wear and tear for a 15-month tenancy.

Following inspection, it was clear that the property needed to be repainted, as the condition of the paintwork would not be acceptable to a new tenant. The repainting (excluding woodwork) cost £1,400, including labour. I can provide proof of payment via bank statements.

I requested a contribution of £650 from the tenant, which is less than the total cost incurred. The tenant has declined and is threatening to refer the matter to the Tenancy Deposit Scheme (TDS).

I would like to clarify that, in my view, dirt around switches, marks and specks on kitchen walls, pencil marks, and scratches on walls cannot reasonably be considered normal wear and tear over a 15-month period.What do people make of this. Should I let him go to TDS?

 So clean them it doesn't mean they need painting