Resolution case study - alterations without permission

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We offer an independent and impartial resolution service for landlords, agents and tenants who are unable to reach agreement on distributing the deposit when the tenancy ends. 

 

We look at a recent case and break it down, so you can understand our approach to resolution. This month, our Resolution Department Lead, Suzy Hershman, reviews a recent case involving alterations/damage to the property without permission. 

 

Deposit details

Deposit                                                                £1,100.00

Unresolved amount                                             £1,100.00

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What happened?

The tenant said:

  • before moving into the property, the landlord said that I could do what I liked, as long as it was all carried out to a good standard
  • any changes made only improved the property and made the property more appealing to future tenants
  • there was no storage in the bedrooms, so I built large shelving units on the walls which I left in place as I thought they were useful. I can come back and remove these if the landlord doesn’t want them and fix any damage to the walls
  • there was no time to finish the garden patio as I had to move out quickly, relocating for my new job, so I am willing to contribute towards finishing this project
  • there were no splashback tiles to prevent damage to the kitchen walls when cooking so I bought and fixed tiles at my own expense, which the landlord should appreciate

 

The agent responded, saying:

  • the tenant received no permission to carry out any work, other than general redecoration in neutral colours if they wanted to
  • the bedroom shelves should have been removed before the tenant left. Now that they have been removed, there are several holes which need to be filled and painted
  • the garden has cost a significant amount to put right as all the old paving slabs and steps leading into the garden were removed, leaving nothing in their place
  • the splashback tiles may have been acceptable, however this work has been done to a very poor standard

 

What evidence was provided?

Independent check-in and check-out report, photographs, quotes, emails.

 

What was decided and why?

Bedroom shelves

  1. The walls throughout were newly painted at the start of the tenancy. From the tenant’s own admission and the inspection reports, the tenant was found responsible for removing the shelving units put up during the tenancy, in two of the bedrooms.
  2. The landlord’s digitally dated photographs showed many holes left in the walls.
  3. The invoice for repair clearly broke down the work carried out and the landlord was awarded £200.

 

Garden paving

  1. In emails the tenant said that they wanted to make alterations to the garden. The agent asked the tenant to confirm what alterations these would be so they could ask the landlord for permission. This was the last email on the subject.
  2. The checkout report showed that the rear patio and exterior steps leading to the garden had been lifted and removed from the property.
  3. Many of the tiles were cracked at the start, however the tenant was found in breach of the tenancy agreement for removing the patio and steps without permission and not replacing them before leaving.
  4. As the landlord was claiming the full cost of new slabs for the entire area, an award of £670 was made being 60% of the amount claimed, after consideration was made of their original condition and for fair wear and tear over the tenancy, to avoid betterment.

 

Kitchen splashback

  1. The comparative evidence showed the 12 splashback tiles fixed to the wall behind the hob. The checkout report noted large gaps where grout was missing and that many of the tiles were chipped to the corners. This was supported by checkout photographs.
  2. No splashbacks were present at the start and due to their condition on checkout, the tenant was found responsible for the full £80 claimed for removing them and patching up the wall.

 

How can you avoid this happening in future?

  • Tenants must be aware that any request to alter a property should be made in writing and the permission received in writing, and not verbally. This will avoid any potential issue requiring resolution when the tenancy ends
  • When landlords give permission, it should clearly set out what is being agreed and the conditions on how the item or area should be left at the end of the tenancy. This can be referred to if any negotiation is needed, or a formal resolution arises
  • When claiming for replacement items or repairs, the landlord can choose to replace or repair an item or area to a better condition than it was in at the start but not at the tenant’s expense. To negotiate on costs, the original condition and quality must be considered as well as wear and tear over the length of the tenancy
  • A landlord whose tenant does improve the property, at their own expense, should be reasonable if the work was of a good standard. Where these are brought to formal resolution, an adjudicator has the discretion to make no award
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