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?

Could be in Scotland ?

op is in Scotland I guess?

Ah true I forgot Scotland has Sheriffs and the would explain the OP's first post where she says where in UK Law does it state.

But surely if you have detailed pics of how you left the property you can prove it wasn’t left in the condition he is alleging? I think you need to see a solicitor OP.

We have sheriff of the court in Scotland

After living there for 4 years, the Landlord has to consider "fair wear & tear" Legally it means he cannot expect the walls to still look freshly painted after 4 years!! His case will be thrown out

Have you been advised formally by the court or some other means what the date of the case hearing is ? Or has he just given you a date to hurry you up ? Have you contacted the court to confirm that case is being heard at that date and time (I might be doing some 'magic' thinking with regard to that last question.)

So 4 large tubs of magnolia some filler a sander and rollers maybe some gloss £250 at most?

I wish it was so simple

OP the comments and advice would all have been more helpful to you if you’d specified where you’re located and that you have a court date already. It came across to me that he’s acting outside of the law on several counts and just trying to scare you.

Isn't there something about him having to let you do it before he calls some in?

www.mygov.scot/tenancy-deposits-landlords/

Oh they always try it on , though this is bad .
My ex landlord tried to make us pay for a ‘professional cleaner ‘ even though the professional cleaner (they had recommended themselves ) came to look at our property and told us that we did not need a professional clean !!! They bartered and when we threatened to take it to court ( yes we took photos and it was pristine ) , they then backed out .

Wear and tear is a thing, even though l know landlords hate this concept. His evidence of a stack of invoices doesn’t sound that significant. All that shows is he may have got some people to paint a property

Look up about a check out inventory.
Do you have anything in writing about August check up being ok.
What does your original agreement say about check in and check out.

Have you spoken to shelter for advice?

First of all what does your tenancy agreement say about returning any walls to their original colour upon leaving? What does it say about putting up shelves etc? Nearly every TA I have seen, which is many, states walls must be repainted to revert to their original colour upon the end of the tenancy. All fixtures or fittings put on the walls by the tenant must be removed, holes filled and painted. It is irrelevant whether you got permission or not. Your obligations are clear in the tenancy agreement, and the ll saying it is fine to put something on the wall does not mean you do not need to subsequently fulfil the obligations and terms in the TA upon the tenancy end. I suspect you may have misunderstood your legal obligations within the contract.

I would advise you read through your TA carefully to see what your obligations were. Put your hand up to the shelf needing to be removed and wall making good, and the room you said you painted, needing repainting. This is the rules to which you agreed. Keep emotion out of it. Inform the Judge the other rooms were left in a reasonable condition commensurate with your period in the tenancy and taking into account wear and tear. Point out that the LL has no independent dated evidence of the condition of the property when you moved in because an inventory was not carried out.

The LL is entitled to recover his cost for redecorating the room. Again the poster is wriong who suggested a can of paint or two. The LL can recover the cost in full of whatever the painter and decorator charged providing it is reasonable.

The posters on here are wrong that the LL has no recourse to the law because he did not use ADR (Alternative Dispute Resolution). It is not compulsory and he can use the civil court as an alternative, as well as ADR or instead of ADR; it is in the Civil Procedure Rules which are the rules litigants have to follow.

Does Scotland have the equivalent of the small claims court? If so I would imagine this case will be in that.

It's designed for laymen so you shouldn't need legal terms and to quote legislation. Just state your defence.

Thank you, everyone.

Ask the landlord for the sign copies by both if you for the check in and check out inventory.

I thought in Scotland all property-related matters were now being dealt with through the First Tier Tribunals? Rather than through court?

Have a google, OP. If that's the case, your LL has no chance! The current waiting time for evictions etc is 6/12m as the FTT's are so overwhelmed.

You can actually obtain proof that the photos are not recent. When you capture an image using a digital camera, it stores metadata, such as the date in which it was originally taken. This might help your case.

Here's info on FTT:

www.housingandpropertychamber.scot/