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should I be concerned of eviction(8 Posts)
I have recently moved a to a new property all has been ok up to press bar a few maintenance issues (leaky pipe under the sink, leaking down pipe, front door doesn’t lock all the time the first time and extractor fan not working) I can sea with these issues. The pipe has been fixed under the sink and I can lock the door for now so it’s not a huge deal.
Anyway, when I was viewing the house I was verbally told by bridgfords that I could decorate the property as long as it was put back to magnolia on my leaving which was fine. Booked in a decorator today who has decorated my kids bedroom, nothing too loud, frog taped it into triangles and painted a sunshine yellow and a deep blue. He has gone downstairs to start papering the kitchen and moved a screw that was in the wall and it’s started pissing radiator water out all over the kitchen. Luckily managed to stop the leak by replacing the screw back into the wall.
Rang my property manager who spoke to my landlord who has expressed more concern over why I am ‘messing about’ with the property without having written consent. Explained that I was verbally told by the letting agent but she wouldn’t drop it and kept asking why I had decorated. I said is the landlord not more concerned about the pipe behind his wall that has a screw through it? She said they need to look into it further to assess who is going to be responsible for the cost of repair. I said it won’t be me because I haven’t put the screw in. Luckily I have found a picture on the inventory of the wall with said screw in, but on the pictures advertised on rightmove there is no screw in the wall.
I have since checked my tenancy agreement which I should have done at the time of signing and it does say in there that permission is required before decorating takes place.
My boiler is now not working, I don’t know what to do. I’m worried I’m going to be given a bollocking for painting the kids room when I haven’t got permission although I was never informed that permission was needed and also concerned that I have not got water or heating and that I will be landed with the bill for knocking the wall down and repairing the pipe and then replastering.
Does anyone know what my rights are? Or what I can do? I have tried to ring the property maintenance back but she is away from her desk.
How long is your ast for? 6 months initially? They can't evict you during that period, so no need to panic. They could evict you after that, but it seems a bit extreme just because you've painted a room.
If I were you though, I would speak with your LL, apologise profusely and ask if he is ok to come and that you will have it repainted to a very good standard when you go.
The screw in the wall and the boiler are separate issues from decorating without permission. The photos on right move may well be old photos, agents often don't retake them if they have let the property before. Regardless, the inventory trumps the advert. It was there when you moved in. The boiler needs to be fixed, the landlord can't use you decorating without permission as a reason not to do that.
Write an email to the landlord/agent apologising for decorating without written consent and explain that you were told verbally it was ok as long as you redecorated in magnolia when you left. Tell her what has been done so far and reassure her that you will pay for redecoration to put it back exactly as it was when you move out if she wants. You should then ask for permission to do anything else that hasn't been done yet eg wallpapering the kitchen.
As for the screw, you need to say that the screw was there when you moved in and refer them to the inventory. They might say you shouldn't have removed it and that is what caused any water damage from the leak but no one would expect removing a screw in the wall to cause a leak. They can't make you pay for fixing the hole in the pipe caused by the screw as you didn't make the hole. Then also tell them that the boiler is not working.
I have had an emergency plumber out tonight who has confirmed by the state of the screw as it is rusted on the end that it has been situated there for some time as if it was me who did it then the end would still be silver. There was also rusty waster marks on the part of the plasterboard they had cut out.
Thankfully they’ve managed to stop the leak and get the boiler working again.
I have sent an email stating I was informed that o could decorate and I actually have my sister as witness (I rang for a moan earlier and she said well he did say you could do it as long as it was put back - which I had forgot about her being there!) I have attached a picture of the kids room and a picture of the roll of wallpaper I want to put up and also listed ideas I have for the other room but also said I will put this back to magnolia if he isn’t happy with that I have currently done.
They can use a section 8 notice for breach of tenancy conditions at ANY time. Discretionary ground. Would a judge consider it reasonable to evict ? Can't predict what your landlord whether your landlord will start possession proceedings just letting you know that they can as you have breached the TA. Am sure some negotiations with them will turn out OK.
Apologies OP- I meant to say * if they believe* that you have breached the tenancy conditions. I really wouldn't worry too much. The LL should take this up with the agent as they don't appear to be acting on his instructions which isn't really your fault!
Are they really going to start posession proceedings? Is it worth the hassle?
You've said yourself OP that the tenancy agreement states that you need the LL's permission to decorate. Please read what you have signed and don't just rely on what the letting agent says.
Yeah I know it is a lesson learned really. Just thought that they would have correctly and accurately informed me upon my asking.
I’ve sent an email to the letting agent to ask permission for my plans to decorate so waiting to hear back
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