Here is a question to the blog clinic from Patrick who is a tenant
I am tenant and I made a little scratch on my wall with suitcase (the feet I think).
Of course I’ll will pay for the reparations but my landlords wants me to pay for the whole room painting as well since there will be a difference of colour where the reparation will be and the rest of room.
I’m not that picky but I just want to make that his request is totally legal.
Well my view is probably not but it depends. For example:
- If the scratch is down by the skirting board or anywhere else where it will not be obvious, then no
- In most cases it IS possible to match the colour in which case, again, you cannot be expected to pay for the whole room to be repainted
- If the room needed re-decoration anyway, then again, no
- However if the property is an expensive one, the scratch is highly visible, and retouching genuinely will not conceal it properly, then it MAY be allowable – but personally I still think its a bit over the top
In most cases scratches will come under the ‘fair wear and tear’ rule. However there are sometimes exceptions to this. It really depends on the circumstances.
However for your landlord to succeed in a claim for this (should you dispute it) he will need to convince the adjudicator that this is one of those exceptional circumstances where re-painting a whole room because of one scratch is allowable.
I suspect this will be difficult – what do others think? Have you known any cases where something like this has been allowed?
This is never an easy one – as you say, it depends on the scratch, depends on the pre-existing condition of the wall etc. However, I disagree that a scratch is fair wear and tear, its not, its Damage and needs to be viewed in that context.
Nonetheless, it is sensible for landlords to keep decorations fresh and use the same paint each time. That way it is easy to note damages and easy to touch up any scratches (thereby needing to make only a nominal deduction for the remediation works).
Unfortunately, it is still the case that some landlords seek to “profit” from a tenant’s deposit which is, of course, exactly why the protection schemes were rightly introduced in the first place.
Hi Mike, thanks for your comment and feedback. I had always assumed that minor scratches would be fair wear and tear but as you say it depends on the scratch.
Tessa you are correct in all assumptions in this case.
Mike a giouge is damage, or deliberate damage or damage caused as a resulyt of reckless behaviour etc (like throwing something).
A scratch unintentionally occurring is undoubtedly fair wear and tear – only one scratch? I doubt any Scheme Adjudicator would award complete redecoration and a Judge certainly would not. Clear case of betterment and that just is not allowed.
Bit of polyfilla and unless it is a weird old colour job done. Thionk yourself lucky it is not a rip in some old embossed wallpaper.
I have never been able to match up paint even from the same can so as to make a touch up not show.
However it may be possible to paint the wall in a different colour then the rest of the room and make a feature wall of it. I have also in the past repainted the wall in a colour that is very close to the colour of the other walls in the room and it did not show, as the eye expects each wall to have a different level of light on it.
I think the biggest factor is how long a tenant has been there, after a few years it is hard to claim that any small single mark is not fair wear and tear, but if a tenant moves out after a few weeks, I would expect any landlord to hit them with every possible mark, as well as the re-letting costs.
Ian
Try good old Magnolia
Landlord in no different position than if he had lived in the property himself, a consideration that is always taken into account in dilapidation assessments. You are quite right short term occupancy more likely to succeed, longer term no chance of success at all.
By all means attempt to charge all early re-letting costs, just make sure you have got a tenant’s signature on a T&C to that effect at the start of the tenancy and before the costs arise. otherwise again you are on a loser if challenged.
Tessa – right.
Mike – also right.
Ian – full house…you’re right too.
It all depends on the circumstances. I had a family move in to a completely refurbished property. Walls all nice and clean (just painted). After one year and two months roughly they moved out. Their young kids had created a load of scuff marks in the lower part of the walls of the hallway and drawn on the walls a little with crayon/pencil.
I deducted £50 from their deposit to compensate and pay part towards painter for reparation in that area alone (the full bill came to more than that). Tenant disputed my deduction. Went to arbitration. I won dispute and all monies returned to me as a result.
Lessons from that experience:
Just because families have kids doesn’t mean scribblings and excessive scuffing after such a short tenure is “fair wear and tear”. It just proves they have little parental control!
Be fair in your assessment of dilapidations.
Keep excellent inventory/condition report records at start and end.
Be prepared for LOADS of paperwork and admin time. But if you’re doing it to prove a point and not take it lying down, then it’s worth it :-)
Excellent post Gareth – and not just because for once a poster is agreeing with me!!
Depending on the extent of the damage, TDS when preparing a Report of Adjudication would look at several aspects of a claim to consider whether the landlord was entitled to any compensation. The nature, position and extent of the damage identified along with the length of the tenancy the number or tenants are all factors as to whether or not this is deemed as damage to the property or fair wear and tear.
If the scratch occurred during the tenancy and is proven to be the responsibility of the tenant, then it may be that with all the correct evidence to support the claim, the adjudicator may consider a compensatory award to the landlord to be just.
The amount of compensation may only be nominal or depending on the size, position and impact of the scratch, it could result in an amount enough to compensate for the re-painting of the one wall. However, to be compensated for an amount to paint the whole room would put the landlord in an improved position beyond that identified at the start of the tenancy and is therefore classed as ‘betterment’.