Keeping deposit for repainting

[DameSylvieKrin]

To put this into context, I’m not in the UK so I’m asking more of a moral question than a legal one.

I have a two bedroom buy to let that has been rented for the last four years. The rent is below market value but I didn’t increase it as the tenant paid reliably and didn’t give trouble.

The flat was completely renovated when he moved in, the walls were freshly painted and I have plenty of photographs.

At the handover the flat was dirty and the walls heavily marked. Examples are a glass of red wine splashed on the living room wall, a large plant that has left a dark stain on a whole wall, heavy scratches from furniture, stickers stuck to walls that can’t be removed without damaging the paint. Generally the walls are all very grey and dirty.

As every wall is affected by at least one extreme stain, as he agreed at handover and signed , I planned to do a complete repaint, which will cost more than his deposit. I have two babies so can’t do the work myself.

The tenant disputes this saying that he only wants to pay for the paint over the actual extreme marks and he shouldn’t have to pay for the rest of the wall. However that would obviously look rubbish as the walls wouldn’t match.

It’s been 7 years since I painted my own flat and if I compare his walls are four or five times more damaged than mine, which have a few screws and finger marks.

What would you do? I want to be fair, but I won’t be able to rent it to the same level of tenant if the walls aren’t closer to the level they were when he moved in.

I think you should expect to have to redecorate after letting the property out for four years - his deposit shouldn't fund that. However if there are deep scratches that need repairing and the property needs a deep clean then it would be reasonable to hold some of his deposit back.

I think after 4 years you should expect to repaint too.

I'm a LL and have had to redecorate after tenants let their kids scribble over walls, painted rooms awful colours and put kids wallpaper up (on newly skimmed walls). As they had been there 3 years I didn't feel I could charge them anything as it's classed as wear and tear.

It is very annoying, and expensive though. I don't need to completely redecorate my own home every few years. It would be great if tenants had to leave a property in the exact condition it was in when they moved in.

You can't expect betterment as a landlord and you need to take reasonable wear and tear into account. I don't think you should charge more than his deposit. This kind of thing is why regular inspections are worth doing. A good tenant isn't one who pays the rent on time, it's someone who looks after the place.

You should re paint regardless after a four year tentant.

Sounds like wear & tear. Requiring the tenant to pay for complete repainting would be betterment. If the tenant disputes its unlikely you'll get much/any awarded.

I assume the deposit is protected in an official scheme? If not & you might have to pay the tenant up to 3x the deposit amount.

Thank you for the input. Of course the deposit is in an official scheme, but I’m also not in the UK, so the law is different.

Repainting and decorating is a maintenance cost when you are a landlord. It's irrelevant that you charged him under market rent.

We have seen the flat at least once a year to do repairs and all the damage was done in the last four months, aside from the plant stain, which the tenant said he would clean but hasn’t. It’s six foot square in size and black.

I didn’t mean to imply that I think he should pay because the rent was cheaper, I meant to show that we’ve been happy with him as a tenant and also that we aren’t trying to get every last penny out of him.

I think some of what you describe is more than wear and tear, furniture scratches is wear and tear but stickers and wine stains.

A compromise sounds fair.

I will be spending approximately 7 times the deposit myself on decorating and improving the flat so it isn’t that I didn’t expect such costs. Damages that he agrees to having caused and iventory items removed from the property are greater than the deposit anyway so I’ll be out of pocket. The deposit was £800. He agreed at the handover that the damage to the walls is extreme and unreasonable and agreed to cover the cost of repainting but has changed his mind now that he has seen the cost. Legally as I said, as I’m not in the UK this is all compliant with local law (which is much tenant friendlier than in the UK). I was just looking for some moral standpoints.

The furniture scratches are deep gouges out of the wall, not normal marks from furniture resting there. He has also, for example, moved a wardrobe to a place where the door hits the wall when opened and has left dents in the wall and broken off part of the door by repeatedly banging it. I wouldn’t consider this normal wear and tear as it could have been placed to avoid this.
Anyway, as the consensus is that a tenant should never pay for repainting I will ask for a quote to separate patching the holes from the coats of paint.

I would expect a contribution but as you’d need to repaint in a couple of years anyway it needs to take that into account

How much would a deep clean cost? He could contribute half of that cost and get the rest of his deposit back (if he agrees).Tbf you need to clean, repair and repaint the flat anyway after 4 years. It's part and parcel of owning a rental property.

I don’t think you’re being unreasonable, lots of what you describe sounds preventable.

Just in response to a previous poster, you aren't entitled to do regular inspections. The tenant is entitled to quiet enjoyment of the place and , even if the contract talks about inspections, these cannot be legally enforced.

OP isn't in the uk though

@Liverbird77

Just in response to a previous poster, you aren't entitled to do regular inspections. The tenant is entitled to quiet enjoyment of the place and , even if the contract talks about inspections, these cannot be legally enforced.

Landlords can do inspections as long as adequate notice is given (24 hours is classed as adequate) .

There is no way I would let a property without being able to visit to make sure it's not being trashed.

england.shelter.org.uk/housing_advice/private_renting/landlord_responsibilities
as previous person said landlords are entitled to inspection - principle is that they need to check if property is safe etc nb while they rent to you they do own the property & as long as they give notice & mutually agree on time - insurance & mortgage companies require regular checks by the way & social landlords can insist on checks as well. Your comment is a common misconception & some tenants change locks & that isn't legal or right either - understandable if landlord walks in unannounced maybe but even then your on very shaky grounds unless you get legal advice

Actually no, landlords are NOT entitled to enter the property at any point during the tenancy other than for emergencies.
They can request inspections but tenants have the right to refuse. This is the case even if it's written in the tenancy agreements. Landlords really need to be aware of this.

Your landlord should not let themselves into your home without your permission

That's the relevant bit of that link. Tenants can withhold permission for inspections.

@Wheresmyvagina

I would never let myself into my property without the tenants permission. However if after contacting them to request access (whether that be for an inspection or any other valid reason) and they refused, and continued to refuse, then I'd be issuing them with a S21.

I don't think allowing 6 monthly or yearly inspections is spoiling anyones "quiet enjoyment".

I have never asked to visit to carry out an inspection but that is only because I have visited the property (as requested by my tenants) at least yearly anyway.

How much of the deposit are you wanting to deduct? A hundred or two is perhaps reasonable. £800 would be ridiculous..

Check the relevant tenancy laws in your country. In Australia (my state) painting is expected 7 yearly and the damage you described is not normal wear and tear.

I would charge for repair and painting of the damaged walls (painting the entire wall even if only partly damaged), but not the full room as that would be unfair.

If you’re re-letting I would raise your standards and get someone that will not treat the property so poorly. I would also ensure three monthly inspections are carried out to ensure the property is being kept well and to address any maintenance issues promptly. Yes, UK Mumsnetters, this is a legal requirement in Australia and if you deny entry the landlord has the right to enter without your presence, providing they have given 7 days notice. This is why my properties are well kept and if not, your lease is not renewed at the end of term (generally 12 months).