As a general rule, responsibility for decorating a property lies with the landlord. However, we see a number of disputes each year where the parties agreed to the tenant redecorating but the precise details were not clearly defined. Landlords who find that their calm and tranquil magnolia property has been returned in fuchsia pink, turquoise blue or pillar box red can be understandably shocked at the changes to the property.
Here are a few of the statements we often see in evidence and the potential flaws with each of them:
1 Landlord says: ‘I told them it was ok if they used a neutral colour’
[caption id="attachment_964" align="alignright" width="300" caption="'You said yes, as long as it's neutral...yellow is neutral isn't it?'"][/caption]
What is a neutral colour? Most would assume magnolia, cream or beige but the landlord’s definition may be very different to the tenant’s, so it is helpful to be clear about what constitutes a ‘neutral’ colour.
2 Landlord says: ‘I told them they could use whatever colours they liked as long as they repainted it all back to original colours at the end of the tenancy’
If the details of the decorating agreement are not clearly set out in writing, it is difficult for the landlord to prove that such a discussion took place. Therefore it is unlikely to result in the claim being awarded in the landlord’s favour.
3 Landlord says: ‘I didn’t give permission’ but tenant says: ‘I told them I was going to redecorate and they didn’t object’ or alternatively ‘the landlord has been round many times since I redecorated and said how lovely it looked’.
Again, the precise details of any permitted decoration needs to be clearly defined. Depending on what is said in the Tenancy Agreement, the tenant’s argument is unlikely to be persuasive in this instance, particularly if the agreement requires written permission from the landlord.
4 Landlord says: ‘I gave tenant permission to redecorate but they botched it and it looks awful’.
You may wish to include a requirement in the Tenancy Agreement that if the tenant is going to redecorate, the landlord is entitled to inspect the results. If they’re not satisfied the tenant can be asked to do it again, or the landlord can complete the works at the tenant’s cost. Alternatively, the landlord could insist that the tenant uses a professional to decorate the property.
Often Tenancy Agreements will state that the tenant can redecorate if the landlord’s written permission is given. Our adjudicators often see letters from landlords which simply allow the tenant to redecorate without stating the specific parameters. It is helpful to fully define them, so for instance an agreement may be drafted to confirm:
› What rooms are being decorated
› What colours are being used – this could include reference to colour charts or even sample wallpaper
› Who is doing the redecoration – the tenant, or a professional decorator
Either way you should have something in writing, which is dated and signed by both the tenant and the landlord, that sets out the rules for redecoration so that the details agreed at the time can be absolutely proven.
Whilst disputes over redecorating are most common, if there is any agreement for other works to be carried out to the property by the tenant, such as alterations to the garden or carpets, or if for example appliances are being replaced, it is always prudent to document these and ensure that the terms are agreed by both parties at the time.
Our ‘Guide to tenancy deposits, disputes and damages’ provides comprehensive information and advice about deposit disputes – you can download the guide from our website.