Deposit Dispute **SORTED**

[rigby44]

Hi

I have just received my deposit back from my ex landlord (via. the estate agent).

I have been charged £460 for the repainting of the whole flat. The flat consists of 4 rooms (hallway, combined kitchen/living room, bedroom, and bathroom). As far as I can remember the following things were pointed out during my exit inventory:

1) Marks on the wall in the hallway - these were caused by me

2) Marks on the wall above the sink and cooker - again, these were caused by me, but are a direct result of there being very little splash protection. There are tiles, but only to a height of one tile - so I often splashed the walls when cooking and washing up, and the walls were then difficult to clean.

3) Slight marks (i.e. from walking past) in the kitchen/living room - very minor, hardly noticeable.

There was no mention of marks on the bedroom and bathroom walls at that time.

Therefore - it seems very unfair that I should pay for the whole flat. I am thinking of emailing the estate agent and pointing out these things and offering to pay for half of the repainting costs - or at the very most, the cost of the repainting of those 2 rooms with marks.

I would simply like so advice before doing so.

Thanks

[MrShed]

Simply ask them for proof of the requirement to repaint the entire flat.

[demon_x_slash]

Depending on how long you lived at the property, I would have thought that marks on the wall were wear and tear, and therefore the landlord's responsibility (especially the splashback). I am in rented property at the moment and even when being meticulously careful, I accidentally make a smudge or mark on the wall now and then that is difficult to get off as it is emulsion paint. We've been here for a year and a half now, and I figure that we'll be here for that again (fingers crossed), so three years is not unreasonable IMHO for a redecoration before relet.
Of course, if I'm wrong, two weeks before we move I'm going to B&Q's paint matcher with a flake of paint under my fingernail...

[rigby44]

I was there for 18 months.

I have sent an email saying that the guy doing the inventory only pointed out marks in 2 of the rooms, so I shouldn't have to pay for the whole flat to be repainted. I also mentioned that some of the marks were due to the splashing around the sink and cooker which was a problem only because of the inadaquate tiles.

[MrShed]

I have to say, I disagree. Fair wear and tear, IMO, does not extend to marks on walls. We have lived in our property now for 4 years since we last decorated, and there isn't a single mark on the walls. And no we are not particularly meticulous about the house. I think your case is not about covering the marks that were definitely there, but about stating that you do not have responsibility to redecorate the areas that were not marked.

[Jhawc24]

Surely marks on the decoration are counted as fair wear & tear! after all nothing last forever. Read through the following link, you may be interested in the ARLA regulations.

Unfair deposit deductions

Good luck, Joan

[MrShed]

Individual marks are clearly caused by an individual incident. There is a difference between "marks" and general wear(such as yellowing of white paint etc).

[demon_x_slash]

If water splashes onto emulsion paint, it creates a slight difference in colouration. Try and wash it off and you find your damp sponge covered in beige. The longer you live in a property, the more little scuffs and marks you expect to find - in fact, I thought it was the very definition of wear and tear, and use a three-year = repaint property in (my) mind as a guideline.

As a hint, luckily, I have found a product which renders most marks moot: Magic Eraser from one of these household companies like JML or somesuch. It's a dream, and really is magic - it even handled tea from a child's spillage off beige emulsion! :o

[Jhawc24]

The following is taken from the Shelter website:
What about decorating?
Tenants are usually responsible for minor jobs, unless they are caused by disrepair or dampness that is the landlord's responsibility, or are due to normal wear and tear. You should not have to redecorate before you leave unless your agreement says so or you have damaged the decoration. In these situations, the landlord will probably not have to redecorate either.
If you want to redecorate, get the landlord's agreement first. And bear in mind that you may not be able to do exactly what you want.
Tenants are responsible for not damaging the property, but normal wear and tear is to be expected. Landlords shouldn't keep your deposit, or expect you to pay for things that have worn out from normal use.
As Mr Shed says you should not have to pay for full redecoration just making good the marks if they were caused by you. Was there an ingoing and outgoing inventory done?

[rigby44]

Hi

I got a reply from my estate agent agreeing with me that it was unfair for me to pay the whole costs. She said that the landlord had agreed to reimburse me half the painting costs.

That's great news. I suppose I could argue further, but as I did make real marks on the walls of 2 of the 4 rooms, I think paying for half is fair.

I think it was pretty cheeky to charge me in the first place, I guess they hoped I wouldn't query it.

Thanks for all your help.

[Bookworm]

Well done. Fair result, I agree.