IMPORTANT UPDATE - The PIMS Tenancy Agreement for New or
Renewing Tenancies has been updated to comply with the Tenant Fees Ban ENGLAND from June 2019
Wales Legislation Pending
It is in all landlords best interests to ensure that they follow correct guidelines so that redecoration disputes do not surface. An Association that offers independent inventory checks advises landlords that they must establish clearly with a tenant what constitutes a “neutral” colour at the beginning of any new tenancy. Landlords should also record a truly accurate report of the exact state of the decoration in each room.
If a “referee/adjudicator” has to be called in for decoration/redecoration disputes then the first thing they will study will be the check-inventory, just to see if there was an accurate record of the state of the decoration when the tenancy started. Then the next step that will be taken up is how long the tenant has been in the property.
It is commonly accepted that landlords should re-decorate every three to five years, however if a tenant has been in the property for more than five years and contractually they do not have to redecorate, then it is unlikely that a claim for costs will be successful where a tenant has left the property in a fit state that does not require redecoration.
Pat Barber, Chair of the association comments: “As a general rule, responsibility for redecorating lies with the landlord. However, lots of disputes are presented where parties agreed to the tenant redecorating, but the precise details were not clearly defined. Landlords can be very shocked to find the walls have been painted jet black or bright red, rather than the desired ‘neutral’ magnolia or white.
“We have been involved with numerous disputes over décor. Recent cases feature a bedroom, which the tenant had been given permission to redecorate. However, he created beautiful ‘Lion King’ murals on all walls. At the end of the twelve month tenancy, the landlord needed to re-let the property, but this room was now firmly designated as a small child’s room due to the décor. As a result, although the walls were in a really good condition, the tenant had to pay for complete redecoration.
“Another case involved four mature and professional sharers. One of them decided to repaint the lounge – with the landlord’s permission and a stipulation that it had to be in a neutral colour. At the end of the tenancy, the lounge had been repainted in a dark purple, instead of the required magnolia as agreed. Fortunately the inventory clearly stated the original colour and condition and even though the original décor had been fairly marked, the tenants were made to pay for complete redecoration to return the room to the original neutral colour. The adjudicators agreed with the landlord that purple walls would impair the search for new tenants.
“Even when a tenant repaints in the correct or authorised colour scheme, there are still problems. We see instances of bad paint application, very patchy walls, paint spills on fixtures and fittings, carpets and curtains, all of which the tenants will be responsible for at the end of the tenancy.”
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.