Ex Landlord Decorating Whole House - Forcing Us to Pay

[Fannybaws52]

Hello

Can anyone refer me to any legislation or laws that would help my argument in Civil Court?

During our tenancy, we were given permission to decorate. We did one room (it was 90% complete). We were inspected in August (decor was complimented, landlord said they were happy with the work) and then served with Section 21 Notice in October. We never finished the room (left a small corner unpainted around some telephone/sky/virgin wall boxes). When we moved out, we left a tin of paint so that small area could be finished and we also left tins of new, unopened magnolia and white paint so the landlord could do skirtings if he wanted to (we were not given permission to do this) and freshen up any of the other rooms that we had not started as they didn't look as fresh compared to the room that was newly done.

The landlord is now suing us in Civil Court and for the costs to redecorate the entire house. Rooms we never touched and areas such as doors and skirtings that we had been told not to paint included.

The landlord has also caused damage in 'renovating' and is also claiming for the repairs! They chose to rip the fireplace off the wall causing holes and have claimed for the cost to replaster, redecorate and refit the fireplace. The fireplace was pristine when we moved out and I have photos to show this.

The tenancy was 4 years in total and I do understand that the house needed a freshen up but where in UK Law does it state that I have to pay for it? We left the property in great condition.

Can anyone direct me to tenancy laws or anything that I can use to argue my case?

Did you take photos when you left?

You should have had a copy of the final inspection/inventory.
Any issues should have been documented then and there.
I hope you took photographs.
Is there a managing agent? Or did you deal directly with the LL?
He sounds a real chancer.

Hi

Yes, I did. He has submitted photos of the property (undated) showing how it looked around 1-2 years before I moved in when it had been decorated in magnolia. A tenant then moved in for a year or so before me and then I moved in so the house has seen some reasonable wear but he is pretending the photos are up to date.

I really need legal argument so I can show why I am not lawfully bound to pay for the property to be decorated back the way it was plus extra as I had permission to make the changes I made and I did not agree to cover costs on the extra renovations.

This was a private landlord. No agency. No move out report or move in inventory.

The landlord is a chancer but they could well win a larger amount than they would otherwise if I have some legalise to back me up.

Very odd the landlord is liable for repaint every few years, due to fair wear and tear,

As long as you'v pics of moving in and when you left, and you didn't cause any damage, then I wouldn't be concerned. Let him sue.

Where was your deposit held and protected? This is his legal obligation.

What happened when you moved out? It sounds like he probably didn’t use an agent?

COuple of questions, did you pay a deposit, was it protected in a scheme, have you had your deposit back? Was anything claimed from the deposit if you have had it back?

The landlord is looking for betterment which isn't allowed.

Go and see a property solicitor. Submit your dated photos. I think he might back down if a solicitor wrote to him with your dated photos. He’s trying to frighten you into giving him money.

Why did you ever rent somewhere without an inventory? What did he do with your deposit?

www.gov.uk/private-renting

Sorry I cross posted. Start by reading that link.

We don't have photos on move in. Only on moving out.

This isn't to do with the deposit. That was protected but no claim was put in against it. This is action taken AFTER we have moved out.

Landlord is suing us for 'damages and costs' incurred but the invoices submitted are all for redecorating and renovations that had nothing to do with us. For example, we had a shelf hung in the hallway. It was professionally done and was something the landlord saw and complimented at our last inspection. They chose to rip it down after we moved out and are claiming for damages on that as well.

We had a spare bedroom we never used. It was in good condition, no damages etc but landlord had it redecorated and is claiming for that too.

They have essentially done up the whole house and want us to pay for it.

Anyone know where I can find the legal definition of 'Betterment'?

Thanks

If you have had your deposit returned that is the end of the matter. That would also be what a court would say, too, I assume.

I think he's trying to frighten you with threats of court action / legal action.

He sounds like a chancer to me.

When he backs down or it all falls apart he will just say, 'it was worth a punt.'

My ex landlord tried this and tried to charge more than the deposit for repairs. I emailed the tenancy protection company explaining that there was no signed inventory at the start and that was the end of it. Didn't have a to pay a penny.

The reason people are mentioning the deposit is because the landlord has to make any complaints or claims before the deposit is returned.
If he returned your deposit he is effectively confirming that everything was in order when you left.

He is trying his luck and doesn't have a legal leg to stand on.
However, I can completely understand why you are worried.
Gather all your evidence - photos, emails, receipts and take it to Citizens Advice.

I'd contact Shelter for advice. The ex landlord is taking the Mick and I definitely seeking betterment but I'm drawing a blank on the actual legislation. Or visit mse and landlordzone forums, this is where I learned my rental knowledge.

www.gov.uk/tenancy-deposit-protection

Read here, if he had a dispute he should have raised it through the deposit. He didn’t.

Maybe send him this link.

He's bluffing

because the landlord has to make any complaints or claims before the deposit is returned.
If he returned your deposit he is effectively confirming that everything was in order when you left

Precisely, he’s concluded your transaction.

I wish it was so simple.

Our court date is in 5 weeks. Landlord has submitted evidence in the form of invoices for all the work done and I need to be able to cite legal terms and legislation as to why I should 'win' and that the landlord was not entitled to do the work and have me pay.

It's not as easy as saying the landlord didn't claim against the deposit so the transaction is over. The landlord is saying they didn't realise how much work needed to be done (liar) and that is why they have come after me after the tenancy ended.

The Sheriff warned us both that no one will win, it will be somewhere in middle. To me, that is still a loss though and I am trying to get the sum awarded to them down to the bare minimum.

Thank you all for your thoughts.

Talk to Shelter and CAB.

I wish it was so simple.

It's not as easy as saying the landlord didn't claim against the deposit so the transaction is over.

That's exactly what it means. The deposit was returned to you so they agreed it was in acceptable condition. If they wanted to claim they needed to have done it before the deposit was returned.

The Sheriff warned us

Are you in America?

Sheriff?

Since laws vary from country to country it might be better to tell us where your rented house was. If in the USA you might want to name the state as well. It won't help you if we post advice based on a different country than yours.

op is in Scotland I guess?