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Legal matters

need advice re. cost of re-painting rental property after check-out.

17 replies

StaceymAloneForver · 22/11/2011 11:33

right short version is tenant checked out on sunday, her child has written on a few walls in living room. She has been there 2 years. Writing won't wash off so i need to get it re-painted, how much is a reasonable charge from her deposit? I'm in the process of getting a quote but i also know there are guidelines on the percentage you can charge for how long since it was painted etc, but for some reason can't find them.

Can anybody help? Please?

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Amateurish · 22/11/2011 11:42

Can't you just touch up? My DD does this all the time, and we just paint over the marks.

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StaceymAloneForver · 22/11/2011 11:45

it's up for sale so no not really gunna just touch it up, it needs repainting. Tenant has agreed it needs re-painting just wondering what % of it should be down to her and what down to me

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Amateurish · 22/11/2011 11:47

Check your tenancy agreement - does it say anything about redecorating or painting at the end of the term?

Otherwise, I would just try to agree a reasonable proportion with your ex-tenant. There are no hard and fast percentage rules.

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StaceymAloneForver · 22/11/2011 11:56

i dont need to check i know i don't have a clause saying i will decorate the whole property as this is majorly excessive and i am only talking about the living room walls

BUT obviously the property should be in the same state (negating reasonable wear) as i handed it to the tenant.

I was just asking for advice as i remember some % data over replacement of carpet/redecorating etc. it was given as a % per year of the works life (say a property should be re-painted every 5 years or so)

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Amateurish · 22/11/2011 12:08

I think you misunderstand - does the tenant have the obligation to redecorate / repaint at the end of the term? Some ASTs contain these obligations. In which case your tenant has the obliagtion to bear the full cost.

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StaceymAloneForver · 22/11/2011 12:17

no no obligation for her to do the redecorating but contract states that negating reasonable wear the property should be in the same condition as it was when i handed it to her.

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LIZS · 22/11/2011 16:18

when was it last painted ?

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StaceymAloneForver · 23/11/2011 09:18

2 years ago before she moved in

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eastendfareast · 23/11/2011 09:25

As Landlords, the way we deal with it is to assume that things have a reasonable life span i.e. newly painted walls have a life span of 5 years. If your tenant moved in when the walls were already 2 years old, then there is 3/5 of the life span remaining. If the walls are damaged beyond reasonable wear and tear, and I agree that children drawing on walls is beyond this, then it is reasonable for you to charge for repainting of the walls based upon the remaining life span of the walls. After living there 2 years, the walls only have 1/5 of their life span left so you can only charge her 1/5 of the cost of repainting.

Are you holding her deposit via the DPS? You should be, and if you do want to make deductions and she disagrees with you, then you have to raise a claim with the DPS. They will need to see that you have had a proper quote for the repainting and you have only attributed the cost to her of the specific costs of her damage rather than the total cost.

I hope that makes sense, being a landlord can be a minefield at times. Good luck.

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StaceymAloneForver · 23/11/2011 09:26

sorry that was 2 years ago when she moved in (not 2 years before, i worded that really wrong)

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StaceymAloneForver · 23/11/2011 09:28

thanks for the advice, yeah her deposit is through the DPS, we are talking about it now. I have had a quote for £80 so if it's 3/5 her responsibility (from 2 years) then that would be £48 for her right?

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eastendfareast · 23/11/2011 11:49

So you had the walls painted how long ago? Were they freshly painted when she moved in? If they were then she has reduced the lifespan from 5 years to 2, so is responsible for 3/5. If you can break down the timeline for me then I can confirm if you are right.

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StaceymAloneForver · 23/11/2011 11:53

the walls were freshly painted 2 years ago (about a week before she moved in)

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cestlavielife · 23/11/2011 12:32

but you can get a tax rebate for the costs so should be less?

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raspberryroop · 23/11/2011 12:38

What has a landlords tax position got to with anything?

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LIZS · 23/11/2011 13:18

ll doesnlt get a rebate - the cost could be put down as maintenance and then deducted from the income liable for tax but £80 won't make any odds.

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eastendfareast · 23/11/2011 14:33

If I were you, I would argue that your costs above are correct. You aren't charging her for 100% of the repaint, just the proportion that she has reduced the lifespan of the paint by due to allowing her daughter to draw on the walls. £48 seems really fair and hopefully she won't quibble that.

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