Landlord wants to charge for re-decoration

[vandy404]

So I've recently moved out of a two bed flat, which was part-managed. When we moved out we paid for professional cleaners, and professional carpet cleaning at reasonable expense.

 

In the check-out report, under Decor it listed:

 

"Excessive black rub marks in several areas which need need to be removed or at least improved by cleaning."

 

with the following action required

 

"Possible need to remove or at least improve excess marks with cleaning, with charge to tenant. Tenant states that landlord intends to re-decorate so cleaning may not be required – Landlord please advise the agent if a deduction for cleaning should be made?"

 

Now it seems that the landlord and I got crossed wires at some point, as he said he was "considering" re-decorating upon inspection. However, in the belief he was going to do so and had planned to do so all along, we made no attempt at improving rub marks on walls prior to moving out.

 

He has since had it re-decorated, and wants to deduct £500 (the full cost) from the deposit. As the original report listed "light markings" in several places, re-decorating the flat would (in my book) qualify as an improvement on its original condition. Out of courtesy we offered half (£250), but he wants £350 due to a missing light bulb and a power socket that needed replacing.

 

Frankly I think we were overly generous in offering anything, but I feel I need further guidance on what my stance ought to be on this.

 

Thanks in advance.

[Ediej6]

Hi, hope I can help with this one. I spent 3 years managing residential lettings for a large Estate Agents for my sins!!

 

The Landlord is not entitled to 'betterment'. He can charge to put the flat back as it was but with due consideration for fair wear and tear.

 

The best way to work out what is fair is to ask when the flat was last decorated? Decor can be expected to last approx 5 years. If the flat was newly decorated before you moved in and you were there for 2 years and the decorating needed doing as a result of your occupation, then you could say that the Landlord was out of pocket for 3 years worth. Therefore he would be right to charge you 3/5 of the cost of redecoration.

 

However, you say that the flat was not 'perfect' when you moved in, so the Landlord has already had some 'life' from his decor. Therefore you really need some indication of how long ago the place was decorated and can do the sums to allow for this and your occupation as a proportion of the 5 years.

 

These are only guide figures but I know they are used by ARLA (Association of Residential Letting Agents) and if your case gets referred to them as a complaint, this is likely what will be used to assess it.

 

Who holds your deposit? Is it held by the Agent or a Tenants Deposit Scheme? If so then the Landlord cannot take any money from the deposit without your say so anyway. If the Landlord holds it then it should have been registered with a Tenants Deposit Scheme and you should have been notified of this at the start. If the Landlord failed to register it then I believe you can get all your deposit back plus a fine from the Landlord for breaking the law. I suggest you go to the TDS website and take a look at the rules.

 

If you cannot resolve your dispute then it can be referred to the TDS anyway. Talk to your Estate Agent about this, they can give you the forms.

 

The law was tightened up over tenants deposits some years ago to stop unfair practices by Landlords. I think what you offered sounded more than generous but ask to see invoices/receipts for any other works he is claiming for before you agree to it. The agent should be able to give you guidance on what is reasonable.

 

Good Luck.

 

This information is my opinion only and not legal advice and should not be construed as such.

[vandy404]

Thanks for excellent reply.

 

To clarify a few points. The deposit is held by the agent, so there's no problem.

 

From what I've gleaned, the property was new in 2006 and hasn't been re-decorated since, so it's getting on four years since it was first decorated.

 

In any case, judging by your comments sticking to £250 seems fair.

 

Thanks

[Ediej6]

Don't forget to ask the Agent to release any balance of your deposit that is not in dispute. There is no reason for them to hang on to any more money than the maximum the Landlord has requested.

[vandy404]

Good point, thank you. Hopefully we'll be able to resolve things sooner rather than later, and that won't be necessary.

Edited August 2, 2010 by vandy404

[xoAmyox]

I think you are being very generous if the decoration is indeed 4 years old. It does also seem unfair that there was lack of communication to you about this, as personally I would have liked the opportunity to rectify such problems myself, without the LL assuming it would be ok to deduct from the deposit.

This very much sounds like an attempt at betterment from your LL, and I would even consider lowering your offer as far as say £100.