Hi.
I live in the UK. I will be moving out of my rented accommodation soon. There is a lot of fungus and mould. My landlord never wanted to do something about it before, but now wants to paint over it whilst I still live in the property. I am concerned about the fumes and risk of breathing it.
Does the landlord have the right to redecorate whilst Im still in the property?
Or does he have to wait until I move out?
thanks!My landlord wants to paint my home whilst I still live in it - is this legal?
He can do it when he wants within reason. You're not at any risk, well, if you stand still for too long he might paint you as well. : ) My landlord wants to paint my home whilst I still live in it - is this legal?
If you refuse the landlord entry, then he can not come into the property. I would not be happy with him decorating, let him wait till you out, he obviously knows that he needs to paint it so prospective tenants will not see the problem, you have been living with.
The tenant has a right of quiet enjoyment of the tenancy. This means that s/he can occupy the premises without being disturbed by the landlord or his agents. Quiet enjoyment is an implied contractual right whether or not it is written into the tenancy agreement
If the landlord is repeatedly entering the accommodation without the tenant's permission, he is committing a civil offence because:-
he is in breach of contract, because he has broken the implied term to allow the tenant uninterrupted use of the accommodation. This is known as breach of quiet enjoyment; and he is trespassing on the tenant's premises.
So I would write to the landlord stating that your leaving on .....date
and do not want to be disturbed by decorators.
He does have a right to paint, but paint will not cover fungus and mold!
It will seep through the paint and will be visible again. The basic problem is that it's inside the walls, so it won't get rid of them by painting the outside.
When there's mold, fungus, etc. it is a health hazard and you should report it to whatever agency regulates that where you live.
In the US, there are companies that are specialize in mold remediation and charge a good price to permanently eradicate them.
Mold and fungus is usually caused by excess water, so unless that's taken care of, it will come back.
In the US all the owner has to do is give you a notice that on XX date the painters will come to paint the inside. You would have to protect your furniture and valuable. Most painting companies come prepared with drop cloths or plastic to cover your furniture.
These days they have quick drying paint and you would be able to go back in within one day. Make sure that they are going to use EZ-II paint that kills mildew and fungus.
Ask the owner about paying for one night accommodation at the closest motel.
Your landlord is entitled to access to carry out repairs. Redecoration is not a repair, so the basic landlord and tenant law will not permit him to do this. What MAY permit him to do this, here in the UK, is the wording of your tenancy agreement. You need to check this. If it says that he can do this, then you must permit it. If there is no provision in the agreement, then he can only rely on basic L%26amp;T law.
Have a word with the citizen advice ,See what they have to say,Myself i think not.
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