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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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hi I have just moved out of a rented property and would like

Resolved Question:

hi I have just moved out of a rented property and would like some advice please I have spent the last week cleaning and repainting the walls in the house as requested (those that i had painted) I have lived there 3 years and never had an inspection from the landlady apart fromthe day I moved in. She has inpsected the property and found that she is not happy with the painting although I do not claim to be a professional painter. I have had the oven professionally cleaned and the carpets cleaned and have left all paperwork.
As the ensuite shower did not work correctly when I moved in I installed a new cubicle at my expense and the lino in the bathrooms leaked so with her permission I tiled all the floors again at my own expense.
Following the floods over the last couple of years the grass in the garden died and there was no patio so i laid some pebbles which I unfortunately did not get permission for but was better than a dead garden and she would like removing which she states will need a skip and a professional gardiner which will be the total deposit of £800 plus a significant more .....
She is also stating that there is mould on the bottom of the shower screen but i feel that this is wear and tear as the bathroom only has a fan and no window.

Please advise
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.


I would just like to know what is classed as wear and tear as she reckons that she now needs to take the property of the market to get a cleaner and a painter in ? should that be at my cost and where do I stand in terms of my deposit and the pebbles ?

Expert:  Jo C. replied 3 years ago.
I presume she gave you permission to paint the house?
Customer: replied 3 years ago.

Yes she did verbally on the provision that they were returned to original on leaving the problem was the paintwork was that old even magnolia to make good pin holes etc stands out as does the white but I painted them all back to neutral

Expert:  Jo C. replied 3 years ago.
Thanks.

What is wear and tear is always a question of reasonableness for a court to determine.

However, the mould in the shower is going to be considered wear and tear as you have been there three years.

The paint is not an issue of wear and tear. That is an issue of returning the property to the condition you took it in - taking into account wear and tear. Ultimately you have painted the walls and she is entitled to have them returned to their original colour if that was what was agreed. That does not mean they have to be in perfect condition though. You only have to do whats reasonable. Unless she has a very clear reasonable objection to the nature of your paintwork its not likely to succeed.

She is entitled to have the pebbles removed though I'm afraid. If you didn't have permission to convert it in this way then she is entitled to act upon that. I do see why you took the view that you did but the right thing to do would have been to get a gardener to put right the gardener and then sue her for the cost.

I'm very sorry if this is bad news.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


In terms of all the tiling that i did on the bathroom floors is this taken into account as she promised to get it done but never did and has never contributed.


 


Also what about the inspections that are meant to take place to do maintenance but never happened ?

Expert:  Jo C. replied 3 years ago.
You could counter claim to recover that sum.

Inspections don't have to take place. A good landlord will do them but there is no legal action arising from failure to do so. Obviously some landlords live in different countries so cannot.
Customer: replied 3 years ago.

but then if she wants to repaint so that all walls are the same colour I shoulnt be expected to pay for that ?

Expert:  Jo C. replied 3 years ago.
No, because you changed the colour originally.

If it is just that her walls, untouched by you, had declined then that is down to her. If you paint them then you have to put them back in the same condition unless she agrees wholesale to the change of colour.
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