Making good to the original decor?

This is one of the problem with agencies. If you haven't got clear evidence of the property conditions it's probably not going to be worth the argument.

Make a deduction to the rent if you feel appropriate. If she does not agree it will go to the DPS alternative dispute resolution service. It's a free service and both of you are free to submit your best evidence.

Or you could just let it slide for good will, consider it wear and tear over 4 years. That would probably be my choice.

Either way say nothing till you have the keys back and inspected it.

I have always been very relaxed about redecoration. My view is that if a tenant stays for 4 years, even if they have looked after the property and not made any changes, the chances are I am probably going around repainting it anyhow so it looks fresh for the new tenants.

If you insist on the tenant redecorating it back to neutral, the chances are that the tenant is not going to be as good at painting as you would like, and will not take as much care either.

Therefore, in my properties, if a tenant has indicated they are staying long term (2 years plus), I let them paint it however they like (it is their home after all), & I will repaint once they leave, even if they have not done anything.

I rented an office and the neighbouring office was leased to a food chain that decided to vacate. My landlord was licking his lips at the prospect of all the money to be made from charging for "delapidations". Considering the state of the office I leased, I expect the office next door was in a similar state at the outset.

Your story reminds me of that. Just let it go and don't be that type of landlord.

Don't lose sight of the big picture.
I've always believed that long term equity growth on a property are the pounds in this business and rent and monthly profits are the pennies.
If the relationship is now problematic the important thing is to get the property back.
Sometimes you do have to take it on the chin a little, but as previously mentioned after 4 years you would usually be looking at least a partial redecoration.
If it were me I would get the house back, make deductions if it was necessary and fair from the deposit and at the same time appraise them of their rights to take you to arbitration over it.
Spend one lot of time on it and move on.
Within your evidence include your email chain and the new tenancy agreement, if you have proof of delivery from the recorded delivery then the fact that the signed copy never arrived back to you is not as relevant.
Just treat it as a fire and forget and don't get wound up about it. This sort of thing is very much part of what we do I'm afraid and as annoying as it is at the time in a years time it's a story to be told down the pub.

I think I'd be glad to be rid of this tenant as they are not co-operating or communicating with you. Let them go, and then decorate yourself.. just be glad they are gone and your can move on without it getting more bitter & twisted.

Reply to the comment left by Martin at 14/02/2023 - 12:12
Yep, that's the way. As a policy we return deposits in full because it creates goodwill. Some of my tenants even come back to me later lowering my risk. It also cuts down on my advertising because I get so many referrals

I used to have an agent who used DPS. Their criteria for redecoration are based on the type of room and length of tenancy. If your only claim is for redecoration after 4 years, DPS arbitration will award so little it wouldn't be worth your time to claim.

You must forget the new tenancy agreement - there's no obligation on the tenant to agree a change of terms and you would have no rights.

Be pleased when the tenant vacates on time.

On behalf of BB:

"Many thanks to Martin, Simon, David and those others for replying with your advice, opinion and kind words of support, I am very grateful.

Sorry I got my dates wrong, actually the tenant has been there for just 3 years, NOT four as I said. It was fully renovated in June 2018, so not 5 years ( have receipts to prove). The tenant has wallpapered over the walls, which will be more time consuming to remove, at a cost to me in additional labour. As I am employing some one.

She is ignoring my messages and calls to arrange the keys to be handed over on the date agreed as her departure.

I also would be curious to know of my legal position with "Implied Contract", so if any Legal Eagles out there wish to respond, or even Mark? Given the tenant received, read, signed and returned the new AST in September, (though it never arrived), would this therefore be seen as an "implied" agreement? So too she increased her rent in line with the new contract therefore accepting the new terms.

So in the absence of any other legal contract, would I be able to enforce "implied in law" ?

Thanks again,
BB"

My old boss taught me many things. He was the 2nd youngest Fellow of the IMechE. Two of the most important were making your first million is the hardest and never litigate.

He was right on both counts.

Yes you can use the email history as your best evidence in ADR,. Is it worth it? Possibly not. Your tenant then has to agree to ADR. If not it's the county court. You can use MCOL which is a bit easier. After that you have to trace your tenant, and enforce judgement. It's much easier to lose more than you could possibly gain

Reply to the comment left by Neil Patterson at 15/02/2023 - 09:28
I was taught in contract modules that a binding contract process is that the landlord sends the tenant 2 copies of the tenancy agreement to sign, or if doing in the checkin in the tenant signs first, but not dates. You then sign and date both copies and give one to the tenant. (Offer and acceptance)
The tenant then hands the landlord, or already BACS'd, the deposit and X months in advance rent as agreed. (Consideration).
Substitute landlord for letting agent if LA is acting for the landlord.

I have always followed this way and so always had a signed and dated copy of the tenancy agreement or the renewal agreement. On renewals I've posted the 2 copies got the tenant to sign and return in the sae provided and then I return 1 completed (signed and dated) copy back to the tenant.