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Pregnancy

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Original poster

Landlady putting pressure to paint in bedroom

22 replies

liquoriceandtomatoes · 02/07/2010 18:52

This is three quarters rant and a quarter 'where do I stand?'

I'm 28 weeks and 2 months ago our landlady communicated to us - through our lettings agency - that she wanted to paint our interior bedroom window as there was some flaking paint. We stressed that I was pregnant and didn't want to sleep with paint fumes, plus it was interior and not likely to get any worse in a few months, we asked if she could wait until after the birth. We've always agreed to work before and would've said yes immediately, had it not been the bedroom. The lettings agency and landlady - after a few emails - finally agreed to wait until November.

Anyhow, 3 weeks ago the landlady then said that she was going to sell. More stress. She is of course legally allowed to do so, it's in the contract that either of us can break it w/2 months notice. So after a stressful period of looking for somewhere to live we are now moving out mid-August. We have subsequently cleaned before people have come round to view and been generally accommodating even though we've been really upset that she is giving us notice right before the birth.

Today, we have a new email saying that they want to paint the bedroom window again to help her sell - whilst we're still in property. I suddenly feel very stressed again. Where do I stand legally? Since she has already agreed to wait until November in email. I'm aware that some women do paint before a newborn/whilst pregnant but I can't stand paint fumes (get headaches etc) at the best of times and am feeling very stressed by it. There doesn't seem to be much research on the subject. Any advice?

OP posts:

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littleducks · 02/07/2010 18:56

If you were going to stay i would suggest it might be better before baby is born than baby breathing in paint fumes but if you leaving I can understand the reluctance

not sure where you stand legally, but surely a window cant make a huge difference to house selling?

LouAnnVanHouten · 02/07/2010 18:57

Legally you don't have to allow access for any reason except an emergency (such as a gas leak or flood). You don't even have to let people in for viewings if you don't want to.

nunnie · 02/07/2010 18:58

Is she aware you have something set up for mid August, she might be okay to wait till then.
Legally I would speak to citizens advice.

SandyBits · 02/07/2010 19:00

If they do it in the daytime and leave the window open you'll be fine. I am a bit baffeld that you would rather wait til the baby is born. I think yabu to not allow her to do it tbh.

FortunateHamster · 02/07/2010 19:02

You're entitled to 'quiet enjoyment' of the property for as long as you're living in it - which means you don't need to let anyone in if you don't want to, not even for inspections or potential buyers.

Google 'quiet enjoyment' for more info, that's about the depth of my knowledge.

In your shoes I'd also be reluctant to let them paint whilst you're still there and pregnant. It sounds very unlikely to affect a sale anyway.

nunnie · 02/07/2010 19:02

Make sure you take your contract to CA as there may be something in there that allows her access for maintenance and checks etc.

Original poster

liquoriceandtomatoes · 02/07/2010 19:07

Thanks for your replies.

littleducks - I agree I also think a window would make little difference especially as it's only a few inches.

LouAnnVanHouten and nunnie - yes, I'll try to get to CAB next week and yes, she knows we're moving, we've given her a date as soon as we found somewhere so she's clearly not ok to wait 6 weeks.

The whole thing is feeling bizarre and personal.

OP posts:

LouM10 · 02/07/2010 19:08

www.lawguru.com/ Try this. I had a question about moving out of my last flat. I don't think this is the same website I used, but a similar one. I got a reply within 3 days. Hopefully this might help. If this particular website doesn't work, just google 'free legal questions/advice' etc. and you should find something. Good luck, and let us know how you get on x

LadyBiscuit · 02/07/2010 19:16

Most paint now is water based and doesn't smell at all. You could insist they use that? I have no idea about the lettings laws but suspect that if you play hardball on this you may struggle to get your full deposit back.

You may not think it's a big deal, she obviously does. And it is her flat

FortunateHamster · 02/07/2010 19:36

It's her flat, but it's the OP's home for the moment and that's where the quiet enjoyment thing comes in.

Of course if there's a solution where the OP doesn't mind the paint (like water-based stuff) that's fine. We did a lot of decorating during my pregnancy and just ensured I was out the way while any solvent-based paint was used.

Landlords have to register deposits in one of three schemes nowadays (don't know if OP has, but they're supposed to), so it should be harder for them to keep money back.

LondonL · 02/07/2010 20:04

just say no. she can tell any prospective buyers that she intends to paint it once you leave.

QueenofDreams · 02/07/2010 20:13

LadyBiscuit. Yes it's the landlady's flat. But the OP pays money for that flat to be her home.
I've had too many landlords/letting agents who are so focussed on the fact that it's 'their flat' that they treat it as if it's an open house and you have no right to peace and quiet.
(sorry - have had A LOT of very bad experiences)

hippopo · 02/07/2010 20:20

I think it is a bit strange that your landlady seems to be obsessed with painting this window.

I totally understand and agree with your concerns. There are some nasty fumes/chemicals found in paint particulary paint used directly on wood. Yes you can get low VOC paint (which I used in my second trimester to decorate nursery - think Farrow and Ball is the best) but you do have to pay a lot more for it. Even when not pregnant I am super sensitive to paint fumes and could smell paint fumes and had headache for over a week when hall stairs and landing were painted a couple of years ago.

Stick to your guns, trust your instinct and don't let anyone try to tell you you're being sensitive or unreasonable.

LadyBiscuit · 02/07/2010 20:28

Just say no then. But I guess if she's feeling really frustrated she could terminate your rental early (again, I have no idea if this is possible - I'm totally playing devil's avocado here. I've never rented out a flat)

FortunateHamster · 02/07/2010 21:55

She almost certainly can't terminate the rental early, she probably has to give two months notice (as OP mentions above). Tenancy agreements have a few things in them that are standard/hard to change even with an altered contract.

misswisteria · 02/07/2010 22:05

Why don't you try ringing Shelter ~ they have a helpline for just this kind of issue: 0808 800 4444. Their website has lots of information as well: england.shelter.org.uk/get_advice/renting_and_leasehold

Esme01 · 02/07/2010 23:21

I feel for your sensitivity to paint fumes - can you stay away a night/ sleep in living room or another room. Make sure she does it first thing in the morning, have windows open all day (cut up a few onions - thats what they used to do to absorb paint fumes). You could spend HOURS and HOURS trying to find out your legal position. Personally, the stress from that would FAR outweigh discomfort for one night, 2 at most??. At 28 weeks I seriously wouldn't worry about paint fumes effects on the baby - as long as landlady is not using paint that is 20 years old. Good luck deciding on the route you are going to take.

japhrimel · 03/07/2010 09:22

If she really wants it done now, would she pay for you to sleep in a hotel for 2 nights? I can't stand fumes either and couldn't sleep in a room that's been painted even if the window is open. Low VOC paints can make a difference, but most gloss isn't low VOC.

It depends how ill it makes you. I'd get a migraine from it, which carries definite risks for me and the baby, as I can't take my normal migraine meds and my bp goes crazy with a migraine. So for me, it would be a complete no-no. Pretty sure they can't force you to allow this.

Ozziegirly · 03/07/2010 09:23

Well, we have had our house painted since I"ve been pregnant and it was fine - but I'm not sensitive to smells.

So, in your situation I would say to her (or email) " I understand that you want the property to look its best for the sale. However, as I am pregnant I don't want to be exposed to paint fumes. If you want to paint before we are due to move out, we would be happy to allow access so long as you pay for 2 nights in a hotel to allow the fumes to dissipate, otherwise I'm afraid we're going to have to decline".

japhrimel · 03/07/2010 09:34

Sounds like a great response to me.

Ozziegirly · 05/07/2010 04:08

Great minds....

backtotalkaboutthis · 05/07/2010 04:46

"Quiet enjoyment" may be limited by a clause in your rental contract which states that you should have the property in a good condition to show to new tenants for four weeks before you move out. I think everything depends on the terms of your lease. It should all be contained in your lease.

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