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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70701
Experience:  Over 5 years in practice
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We have served notice handing over the house next week. According

Resolved Question:

We have served notice handing over the house next week. According to the inventory check in report the house was partially painted. We moved out 2 weeks ago we have painted all walls the house looks immaculate Check out report is scheduled next week. A £20,000 deposit has been paid, previous tenants were deducted £16,000 The landlord is moving in over the summer they will change the structure of the house. They want us to pay for the whole house being painted using their builders after we have handed over the keys. In the contract it says we should give the house back in the same condition as stated in the inventory report. The landlord says we have signed an annex where we agree to repaint the house after we have moved out using their builders. I can't find agreement and the agency doesn't have it either. If we have signed such an agreement is it then legally binding or should normal wear and tear be accepted?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
It depends really.Painting the house is normal wear and tear and a landlord cannot, as a matter of course, claim for that from the tenant.
Expert:  Jo C. replied 1 year ago.
The question here though is whether you have agreed it under the contract. If you have then he could argue that the contract binds you and, indeed, the starting point is that it does.Then you would have to turn to the issue of whether you could get that term struck down as unfair and so void under UCTA and other similar litigation.
Expert:  Jo C. replied 1 year ago.
If he can't produce the annex though it is going nowhere anyway. He can't force you to comply with a term that he can't evidence. If he can produce it then I think overall you would certainly have a good chance. This is just plain getting you to pay for the cost of repairs not of your creation.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
It is not so much about whether we have signed this special agreement or not anything can be stated in a contract it is more whether it complies with UK law?
Expert:  Jo C. replied 1 year ago.
Well, as I said really, there is a two staged test.The question here though is whether you have agreed it under the contract. If you have then he could argue that the contract binds you and, indeed, the starting point is that it does.Then you would have to turn to the issue of whether you could get that term struck down as unfair and so void under UCTA and other similar litigation.
Customer: replied 1 year ago.
It is for sure not it the 19 pages long contract we have signed in there it says: "the tenant agrees to return the property in the same condition as stated in the inventory check in". If we assume we have signed an extra piece of paper where we agree to use their builders do you know who I should contact to find out whether it goes under UCTA? I would like to find out beforehand whether it is worth taking the battle with the landlord.
Expert:  Jo C. replied 1 year ago.
It is really an issue for a court.It is certainly not a sure fire strike down.I think it is probably 50-50. If we presume you have signed something of that kind and it is clear and certain then the starting point is that you are bound. Since this is a consumer contract rather than a business one it is actually the UTCCR and the test is so wide that the Judge can do as he wishes. It considers the nature of the contract and the circumstances. I think though that getting you to pay for his wear and tear might well offend.
Customer: replied 1 year ago.
its rather complicated I guess we will have to wait and see whether he has something with a signature on. Thanks for your help,
Best regards
Dorthe
Expert:  Jo C. replied 1 year ago.
I think you would probably win.It is not particularly complicated but it depends on the judgment of the court.
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