Updating post from Reddit.
I have just noticed that my tenant has change the colour of the walls to a totally different colour without asking for permission. They are due to move out, can I deduct some money from the deposit? We will have to repaint the walls before letting out again. TIA
How long was it since you last decorated? The tenant can deduct wear and tear from any claim, so if you painted more than 5 years ago, TDS will reduce the claim to zero.
What's the logic for that? If tenancy agreement says they can't redecorate without permission, especially a completely different colour, what's the relevance of wear and tear?
If you haven’t decorated in over 5 years, then you will have to redecorate anyway so the tenants liability is decreased to nothing.
Redecorating a room that was a neutral colour is not the same as if someone has painted it dark purple.
I’m sure TDS would take that into consideration, but a room that hasn’t been decorated in 5+ years is still going to be adjusted for wear and tear so the tenants liability is decreased.
Why is it assumed you would have to decorate after 5 years? It's not a rule. How would the tenant know when you last redecorated? You might not decorate after 5 years, it depends on the condition. The tenant breached the terms of the tenancy and it will cost money to put it back to the original colour and that is deductible imo.
TDS will ask when it was decorated and their guidelines for deposit are that decoration last around 5 years. Wear and tear is a thing and is deducted from the tenants liability.
So no consequences for tenant breaching tenancy conditions? I suppose you could mention it if asked for a reference when they move on.
If it was specifically prohibited in the tenancy agreement, would it not come up in an inspection?
They might have painted it straight after an inspection?
If they redecorated in between the last inspection, assuming fairly routine inspections, and moving out then you could possibly argue they wilfully damaged the property. That would be something to test with TDS.
They may have breached the tenancy by decorating, but under the guidelines from TDS for redecorating, so has the landlord if the decor is over 5 years old in this case by not maintaining the decor to a suitable standard. It would be for TDS to judge and would probably take into account age, colour the tenant painted, is it specifically prohibited in the tenancy agreement and if it is fair to refuse to let the tenant paint their home.
There are limits to what courts will or even can enforce.
You don't live there, what does it matter what colour it is? Unless it's something offensive or truly horrid, be glad they saved you money redecorating.
I wouldn't mind a tenant painting it with prior permission and if they want a completely different colour to restore it back to original colour before moving out.
I've got a tenant who asked if he could paint my property, I said yes, he painted it a slightly different colour which he had told me about beforehand. And he sent me lots of photos afterwards. No problem whatsoever.
Why wouldn't a tenant send a text to say I'd like to paint the property x colour, is that ok? Takes 3 seconds. It's completely unreasonable for a tenant not to do this, especially if they've signed an agreement saying they would do exactly that.
This is why landlords are selling in droves. A few bad tenants are making it worse for all renters.
Yes you can I’ve done this. They have to return the house as they rented it so walls have to go back to the original colour. One of mine did a feature wall in purple! Took 3 coats to get it back to neutral.
Sure a landlord could potentially deduct from the deposit if the tenant painted without permission, but only if it’s supported by the tenancy agreement and evidence of cost for putting it streight.
Yes, if your tenancy agreement states the tenant must not redecorate without permission, you can deduct reasonable repainting costs from the deposit.
Not if the landlord has not offered to redecorate for a decade and can't proof they have.
I always redecorate between tenants - averages every 3 years and we put down some new carpet last change as well and will do the rest of the carpet in the next change.
Yes. You can claim full restoration costs.
TDS will apply wear and tear to the deduction. Otherwise it would be betterment. Unless the tenant wilfully damaged the property, TDS will take into account condition at move in and age of decoration. A well painted room by the tenant that is not the original colour would not warrant billing the tenant a full repaint if the property was in poor condition and hadn’t been decorated for 5+ years when the tenant moved in.
No it’s not betterment. Permission was not given and the tenancy agreement sets out that the property should be return to last condition. So the work involved in return the wall to its previous color can be claimed. Obviously that does not mean the entire house. Although small work is as costly as larger tasks. Get a decorator in and send TDS the bill as evidence you will get it all back.