Tenants want the house painted

[Zogger]

There's nothing illegal about having a tenancy without a written contract, just a very bad idea...
e.g. http://www.letsuni.org/nottingham/information/contracts/verbal.html

 

[stockhausen]

There's nothing illegal about having a tenancy without a written contract, just a very bad idea...
e.g. http://www.letsuni.org/nottingham/information/contracts/verbal.html

You may well be right although the link you have given is "part of a series of guidance about tenancy agreements provided for students" who would typically be renting slum dwellings for a fixed period of a year at a time.

The initial post referred to "the tenants having moved in a good few years ago now" and I was under the impression that a landlord was obliged to provide a written tenancy agreement for longer term lets?

As you say, a formal written agreement does seem to be a good idea on the whole

Quite a good site is provided by the National Landlords Association (NLA).

 

[Castiel]

I doubt that the tenants can demand that you paint the house. However, you are almost certainly committing an offence anyhow if there is no paperwork involved.

There is no offence in having a verbal agreement on letting a property. Tenancy agreements can be verbal or written basically it simply defaults to an Assured Tenancy anyway. (You would need a court order to evict)

However, even with an AST, AT or BCT the Landlord is not required to redecorate at the whim of the tenant, or at all for that matter.

Before allowing the tenants to do anything themselves, you might want to check who is liable if you give them permission to paint the house, they fall off a ladder and injure themselves.

It is a residence, the Landlord is only culpable for structural or exterior of the property, along with the services, Gas, Electricity etc... A Landlord is not responsible for personal injury unless it is caused by negligence by the Landlord involving the structure of the house. A tenant decorating is the responsibility of the tenant themselves. So if they fall off a ladder, it is their own fault, unless a wall collapsed because it was poorly maintained or something similar.

 

[Mr Jack]

The initial post referred to "the tenants having moved in a good few years ago now" and I was under the impression that a landlord was obliged to provide a written tenancy agreement for longer term lets?

After 3 years, IIRC, or within 28 days if requested to do so by the Tenant at any time.

 

[Morba]

Many reasons why it might need a refresh, offer to put some money towards the paint (if it is needed rather than just preference) and let them choose what they want and let them do it.

 

[PhillyDee]

Surely this comes from your taxable amount? Its a business expense.

My landlord just asks me to keep the receipts and he reimburses me with the cost of the paint and materials. Means I get a good job done, how I want it done, and he gets the receipts and free labour.

 

[Nikias]

Since it is an oral contract, it must be a periodic tenancy or a fixed term under 3 years.

Therefore, the LTA 88 implies that you, the landlord, are covenanted to repair. This includes painting. Be honest: does it need redecorating? Would the reasonable tenant expect better? If so, you had better put it in that condition. If your paint job a few years ago was adequate, then you can tell them you have fulfilled your obligations.

 

[Castiel]

Since it is an oral contract, it must be a periodic tenancy or a fixed term under 3 years.

Therefore, the LTA 88 implies that you, the landlord, are covenanted to repair. This includes painting.

No it doesn't.

The landlord is not legally required to paint a property at the whim of the tenant. In fact cosmetic decoration is not a requirement at all on the interior of a property unless stipulated in the Tenancy Agreement. There is no mandatory requirement.

 

[Nikias]

No it doesn't.

The landlord is not legally required to paint a property at the whim of the tenant. In fact cosmetic decoration is not a requirement at all on the interior of a property unless stipulated in the Tenancy Agreement. There is no mandatory requirement.

If the paint is heavily peeling off the walls throughout the house I would suggest that it does. It's a matter of fact and degree.

 

[Castiel]

If the paint is heavily peeling off the walls throughout the house I would suggest that it does. It's a matter of fact and degree.

It is not a matter of fact. The internal decoration is not a mandatory requirement unless stipulated in the Tenancy agreement, only if there is damp or a risk to the health of the tenants does the landlord have a legal obligation.

Redecoration is not one of those. As for peeling paint, if it is decided that it constitutes a hazard to the health of the tenants (that is not to say it is) the only obligation the landlord has is to remove the offending areas of paint. The landlord can leave the walls bare if he so wishes.

 

[Nikias]

It is not a matter of fact. The internal decoration is not a mandatory requirement unless stipulated in the Tenancy agreement, only if there is damp or a risk to the health of the tenants does the landlord have a legal obligation.

Redecoration is not one of those. As for peeling paint, if it is decided that it constitutes a hazard to the health of the tenants (that is not to say it is) the only obligation the landlord has is to remove the offending areas of paint. The landlord can leave the walls bare if he so wishes.

Of course the standard of repair is a question of fact and degree. It's certainly not a question of law! Perhaps you misunderstand me. To keep in repair is to keep the property at the standard it was at the beginning of the lease, to put in repair is to put it into the standard a reasonable tenant would expect given the location of the house and its value etc. You are not suggesting internal decoration is excluded from this, are you? I would like to see your source for that proposition if so.

If a landlord has bare walls at the start of the lease, then he does not need to paint to keep it at that standard of repair. But if he ha painted, as has the OP, then he needs to keep that standard of paintwork in good enough repair.

I suspect we may be talking at cross-purposes slightly - I am posting from my phone and am about to go out to play golf now, so I apologise if I have been less than clear.

 

[Castiel]

Of course the standard of repair is a question of fact and degree. It's certainly not a question of law! Perhaps you misunderstand me. To keep in repair is to keep the property at the standard it was at the beginning of the lease, to put in repair is to put it into the standard a reasonable tenant would expect given the location of the house and its value etc. You are not suggesting internal decoration is excluded from this, are you? I would like to see your source for that proposition if so.

If a landlord has bare walls at the start of the lease, then he does not need to paint to keep it at that standard of repair. But if he ha painted, as has the OP, then he needs to keep that standard of paintwork in good enough repair.

I suspect we may be talking at cross-purposes slightly - I am posting from my phone and am about to go out to play golf now, so I apologise if I have been less than clear.

Yes I am stating that painting/cosmetic decoration is excluded from any obligation the Landlord has to the repair of the property unless specifically referred to in the tenancy agreement (which doesn't exist in the case of the OP).

The Landlord and Tenant Act 1985 (LTA) states that where the landlord has granted a lease of less than seven years, or a periodic tenancy, the landlord will normally be responsible:

(a) to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes,

(b) to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and

(c) to keep in repair and proper working order the installation in the dwelling for space heating and heating water. (Section 11, LTA 1985)

'Keep in repair' means that the landlord must keep up the standard of repair from the start of the tenancy. The landlord must also ensure that the premises are put into repair even if they were not in good repair at the start of the tenancy. 'Repair' does not include any duty to effect improvements. If there is a defect in construction this will not be actionable under s11 as the property will not be in disrepair. A claim by a tenant to a landlord as a result of an attack of black mould in a property was rejected by the courts as the damage was as a result of condensation and did not directly result through any disrepair.

If the tenant is in breach of his duty to behave in a tenant-like manner the landlord will not be responsible for any works or repairs because of that breach. For example, if the tenant decides to put in central heating without permission and damages any existing plumbing or the structure of the building, the landlord will not be responsible for putting the matter right. The landlord will also not be responsible for rebuilding or reinstating the premises if destroyed by fire, tempest, flood or other inevitable accident, or be responsible for keeping in repair or maintaining anything which belongs to the tenant.

http://www.letlink.co.uk/letting-factsheets/factsheets/


While it may be commercially prudent to maintain the cosmetic interior decoration of a property, the Landlord is under no obligation whatsoever regardless of the decorative state on the commencement of the tenancy, to maintain the decorative state of the property.

Repairs:

Generally speaking, the landlord is responsible for major repairs to the structure and installations, while the tenant is responsible for minor interior repairs and decoration. The tenancy agreement should set out who is responsible for what. Be aware, however, that landlords can't get out of their responsibilities by adding a clause into the tenancy agreement that says they don't need to carry out repairs, or that the tenant will have to pay for any repairs that need done