To not put the house back to what it was?

[QuantumDog2]

I've rented the house I live in currently for nearly 9 years. When I moved in it was a new build and we were the first to live here, so obviously a buy to let. The walls were all trade paint magnolia and the carpets were cheap, exactly the way new builds are presented as standard.
Over the years I've decorated it and made some improvements like extending the patio and I spend £1400 on new flooring for the lounge because the carpet was worn out by that stage and looked grotty.
Now I'm leaving as I've bought somewhere with my partner, but contractually apparently I have to return the property the way I found it. I'm 6 months pregnant now and don't fancy donning my overalls and climbing ladders to paint. What would you do? I feel like after 9 years here and the time and money I've spent on the place (although my choice totally) I shouldn't really be penalised, but I expect I will lose my deposit?

@QuantumDog2

Does anyone know where I stand on not being 'invited to attend the check out in order to observe Covid-19 and distancing guidelines'? I've emailed the agent to query this. It appears in the email they sent me regarding the end of tenancy process. As it stands at the moment they haven't had time to get back to me. Can they force me to be absent from the check-out? They probably can. 🤔

But they're very happy for me to have a constant stream of strangers in and out of the house for viewings.

If you're not at the check out they could put down whatever they want. I would say no chance, it wouldn't stand up in a dispute.

As for viewings, you don't have to allow a single one, or anyone in to take pictures, or anything else.

Hi OP, I am an inventory clerk, one of those people who do check out reports and make suggestions for dilapidations.

If the walls are well decorated and a neutral colour leave them and when your landlord tells you how much they want object and take it to the deposit scheme mediation. Point out that you have been there 9 years, that the landlord has not done any redecoration, that you had permission and that the landlord would have had to redecorate after such a long tenancy.

Add the betterment they will have due to the other upgrades you did with permission.

They may well side with you - but only if your decorating was well done and the colours won't be too hard to cover.

Given that you aren't going to redecorate you have nothing additional to lose by going to arbitration and may get more back than you anticipate.

If it were my report, and you had told me the above at the checkout, I would list everything as needing to be referred to file, noting the age of the tenancy. That means both sides need to dig out what agreements were made during the tenancy and come to some agreement.

OMG I've just read the page I missed.

@fucketyfuckwit hello! Never thought I'd meet another clerk

If you're not at the check out they could put down whatever they want.

That is why check-outs are carried out by independent third parties, right after the tenant moves out and before the owner or a new tenant takes possession of the house. They take photographs too, to back up their assessment of the cleanliness and the state of the walls, floors and fixtures.

How do you mean?

I mentioned the flooring as, in an earlier update, you said you thought you had asked about doing it but couldn't remember.

@CuriousaboutSamphire

Hi OP, I am an inventory clerk, one of those people who do check out reports and make suggestions for dilapidations.

If the walls are well decorated and a neutral colour leave them and when your landlord tells you how much they want object and take it to the deposit scheme mediation. Point out that you have been there 9 years, that the landlord has not done any redecoration, that you had permission and that the landlord would have had to redecorate after such a long tenancy.

Add the betterment they will have due to the other upgrades you did with permission.

They may well side with you - but only if your decorating was well done and the colours won't be too hard to cover.

Given that you aren't going to redecorate you have nothing additional to lose by going to arbitration and may get more back than you anticipate.

If it were my report, and you had told me the above at the checkout, I would list everything as needing to be referred to file, noting the age of the tenancy. That means both sides need to dig out what agreements were made during the tenancy and come to some agreement.

they are not neutral colours though. Thats the issue - LL wants them back to magnolia/cream - OP has painted them pink green and blue (ok so the pink and green are pale, but the blue is not)

@butterpuffed

How do you mean?

I mentioned the flooring as, in an earlier update, you said you thought you had asked about doing it but couldn't remember.

Oh yes, that's correct. It's been a number of years and I just wasn't 100% sure. But I checked my message thread with the landlord and I definitely asked permission. Thankfully....would have been mental not to. But then LL and I were already in a discussion about the manky carpets being replaced.

No. Clerks, and agents, can't put anything down at all. They have to evidence any dilapidation and change over and above fair wear and tear. If they add anything untoward then off it goes to arbitration. Tenants always believe that is biased towards the landlord and landlords are equally certain it is biased towards tenants. Which, as an impartial 3rd party, suggests to me they get it about right.

What OP has done falls between 2 stools

Yes, the landlord would expect to redecorate the property after a 9 year tenancy

No, the colours she chose are not really standard and the landlord could expect her to return them to a neutral colour.

The betterment of the patio and floor us, as OP has said, her gift to the landlord.

So OP can just let the check out go ahead - I am not doing full check outs with the tenant, or landlord, in attendance, but have continued to meet any tenant to collect their keys and take any notes they want to have included in the report. So OP, go back to the agent and ask. Chances are they are doing it themselves or haven't booked a time for the check out, just the day, so the clerk will do it whenever it fits in their diary. We like those jobs, but won't argue about a timed job, meeting the tenant, cos that's normal too!

Sorry, I wrote that bit badly and, as I am in my phone, the App, had missed the pictures 🙂

Gargh. No quoted bit, sorry - again.

@CuriousaboutSamphire Where would a clerk stand about a tenant cutting off the automatic closures within a fire door? My 3 storey house had them (as per legal requirements) but it wasn't noted on the check-in, my bad for not spotting that. However, I couldn't then rent out the house again without putting new closures in and that would have cost a fortune...

Ive never rented long term but it seems unfair that the landlord was good enough to agree to your changes, but now you won't put it back as agreed?
It does look lovely though!

Bear in mind that you going back on your word is encouraging the landlord to be less amenable in future with whoever lives there, which again doesn't seem fair.

@winewolfhowls

Ive never rented long term but it seems unfair that the landlord was good enough to agree to your changes, but now you won't put it back as agreed? It does look lovely though!

Bear in mind that you going back on your word is encouraging the landlord to be less amenable in future with whoever lives there, which again doesn't seem fair.

I understand what you're saying, I do. But the thing is that the walls were unpainted when I moved in. They were magnolia colour, but it was just a mist paint. I left that for a year to respect the integrity of the new plaster. After a year I asked about decorating and the landlord came back and said 'you can decorate, as long as you put it back how you found it when you leave'. They didn't say at all that there was an option for them to sort the decoration. I mean...that would have been nice to have it done professionally by someone other than me and at my expense. But that wasn't an option.

I finished my post without addressing the point you made. I mean, the landlord wasn't amenable. 🤷‍♀️ They just wanted the work done without having to put their hand in their pocket. And it's been that way over the last 9 years. I mostly fix everything myself or get my partner or a local workman to do things. I think in 9 years I've had a toilet fixed and a boiler part repaired. And a fence post was blowing around in the wind and they fixed that too, but only after I'd offered to pay for it myself before the entire fence came down on the flower beds I planted.

I think you should return the walls to a neutral colour tbh.

I wonder how the new tenant, who has viewed and agreed to rent a colourfully painted house, will feel when they move in and find it’s turned magnolia. I’d be gutted.

DP suggests taking the floor up and installing it in our new house. The carpet in the new house is tired and would be replaced by us anyway, so we could do a direct swap. He thinks we should take the patio and everything else I've put in to the house, including nice light fittings and curtain poles (which I would have left) and even digging up the planting I've done in the garden. Then he says he'll get a friend in to paint the whole house white for us. White will be easier according to him because the woodwork and ceilings are white.

You’re sounding a bit spiteful now. Just paint the sodding walls.

Id be taking all my fittings ect too

@Iamthewombat

You’re sounding a bit spiteful now. Just paint the sodding walls.

They asked for it back how they let it originally. They can have their cake or they can eat it, not both. I'm happy to leave everything, but will I be lovingly painting their walls magnolia for them? Will I fuck.

But you're painting them white? I'm really confused.

@GreyhoundG1rl

But you're painting them white? I'm really confused.

It's one or the other I think, no half way house. They can have it back as they let it to me with plain walls, manky carpet, Poundland lightshade S and barren overgrown garden. Or they can keep the £6+ of fixtures I've put in and suck it up with the nice paintwork.

Oh ffs. Sorry, I'm walking to the shop and there's typos all over the place in that. I mean 6k+, not £6.

The magnolia they put in new houses isn’t that bad, bare plaster is an uneven brown colour. It’s no worse than other cheap Matt paint. If you can use your stuff take it with you, why not. You do have to make good and put the originals back though

I do think that you have a contract and asked if you could paint the walls. Your LL agreed you could but stipulated that at the end of your lease they would need to be returned to their original colour.

You have since checked again as you are leaving and have been reminded that the walls need to be repainted back to neutral which they currently are not.

I would not be happy that there is a dark hallway and fairly vibrant bedroom colours when you agreed at the outset the agreement.

Yes I can see sides of your argument regarding improvement to floor and patio but those were your decisions and choices.

The obvious thing is just to get someone in to do it but I can see you are against this.