Tenants want to redecorate at their expense.

We own a one-bed apartment that has been let to the same tenants for four years. They want to change some of the furniture and change the kitchen. They are happy to do so at their own expense. There is nothing wrong with the items they want to change. They just want something different.

Does this alter theirs or our rights in any way?

If our circumstances changed in a couple of years and we wanted to sell (we don’t) would our right to do so change in any way?

Anything else I should be aware of?

Thanks.

D.

What becomes of the current furniture?

Will they leave this new furniture behind when they leave ? (unlikey) so you then have to buy new furniture?

What do they mean by change the kitchen?

If it's a full refit then you could be swapping decent cupboards and worktops for inferior quality, that will look good for a few years before looking tired and shabby.

Also they may want to take them with them as they do in Germany....again unlikely but who knows.

Be careful if they want to paint, insist they use a professional painter, I've seen sone really ropey attempts (lightswitches and sockets sloppily painted over).

I had a tenant some years ago and agreed to let them being in their own furniture provided one of the rooms was used to store my furniture and for it to be put back where it came from when they were leaving. Previous to that a tenant asked if they could change the worktops in the kitchen and I agreed to this on the understanding that the new worktops would remain in situ whenever their tenancy ended. I made sure in both cases that the tenant and I both signed a document outlining what needed to happen.

I wouldn't agree to it.

Dinarius said:

They want to change some of the furniture and change the kitchen.

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Thanks for the replies.

The kitchen is tired, but functional. Anyone buying the apartment, if we were selling it, would change it. In fact, if we got vacant possession again and chose to re-let it, we'd change the kitchen too.

I'm not so concerned about what might or might not be left behind - they're there for the long haul, anyway. I'm more concerned about any rights that accrue to them, if any, should they redecorate. Also, if our rights to sell it would change.

Thanks.

D.

Dinarius said:

The kitchen is tired, but functional. Anyone buying the apartment, if we were selling it, would change it. In fact, if we got vacant possession again and chose to re-let it, we'd change the kitchen too.

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Given that, letting them do it could be a win for you so long as they do a decent job with good materials. If they are good tenants and you're happy to keep them long term, then allowing them this work in your favour.

You're not legally obliged to remove furniture, but many landlords will facilitate that for good tenants.

Thanks.

Yes, very good tenants who want to stay long-term. We’re happy with that. Just wanted to be sure that if our circumstances changed, we could exit easily.

D.

Dinarius said:

if our circumstances changed, we could exit easily.

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It will be just as difficult in 5 years time as it is now.

In other words, any tenant can easily overhold with little consequence.

The potential for damage in a poorly done kitchen renovation is significant. Water leaks, dodgy electrics, inadequate extraction, smoke / carbon monoxide alarms damaged.

If you decide to proceed, look for quotations, references, certifications. Also signed / witnessed contract that holds them responsible for costs & any liabilities.

If they make a bodge of it - guess who will be on the hook to remediate?

Dinarius said:

We’re happy with that. Just wanted to be sure that if our circumstances changed, we could exit easily.

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By "exit" you mean "get the tenants to leave"?

As you know it's already quite difficult to remove tenants who don't wish to be removed. The tenants' suggestion that they should pay what I imagine is not a trivial amount to upgrade your property signals an expectation on their part that they will be staying there for some considerable time, to get the benefit of the upgrade they are paying for. You agreeing to them spending the money, if nothing else, encourages them in that expectation, and leads them to understand that you share it. If in fact you want to keep your options open as regards terminating the lease (in circumstances where the legislation would allow you do do that) then I would think twice before agreeing to this.

If you are minded to agree, you could consider making your attitude clear by proposing an agreement that, if you choose to terminate the tenancy at any time in (say) the next five years, you will pay the tenant some fraction of the kitchen renovation costs, on a sliding scale depending on how long they have been benefitting from the renovation. To control your exposure on this, you get to agree the specification for the renovation, and the amount to be spent on it.

That seem fair to the tenant, but it also signals clearly to them that you do contemplate that you might terminate the tenancy if circumstances make that lawful and desirable for you, and you won't see the fact that they have done the renovation as putting any legal or moral barrier in the way of that.

Agree with Tom above and be aware of what you can and can't claim back off your profit for the payments you might make to them for the works. Would have no issue in them changing to their own furniture etc and would happily take back what's there but I would say no to changing the kitchen other than eg painting cupboards.

It's really not something I would be ready to agree to.
I store furniture when not needed as we had tenants who damaged furniture storing them badly.
I would not authorise anything else. The risks are too high from bad workmanship to issues at the end of the tenancy or if any disagreement arise in terms of rent level.

Whatever you ultimately decide, as other posters have said, tread very carefully and make sure everything you agree is in writing and caters for potential future scenarios. Try not to forget that - no matter how good the tenant and your relationship with them - renting out is a business for you, and you need to allow for changes of circumstances and possible disputes in the future. What happens if you need to sell unexpectedly for personal or financial reasons, what happens if the tenant decides to leave due to their changed circumstances, and so on. Think forward to all the "what would happen if..." scenarios and make sure you document what will happen, and sign this together. At the very minimum,you have to document ownership of any replacement items, which in the case of fixtures must only be you.

If the tenant is already there four years and intends to be there indefinitely, they might expect the kitchen and furniture to be refreshed or refurbished on a regular basis. Just because they are happy to pay for it now doesn’t mean they don’t want to be reimbursed at some stage. As OP said, the kitchen is tired, but functional, and people have different opinions about their living environment, so the tenant might pay and later say it was the landlord’s responsibility per S12. Would the RTB agree if the tenant raised a dispute?

Highly unlikely. If, as a tenant, you feel the property isn't being properly maintained then what you should do is ask the landlord to maintain it and, if he refused, treat the matter as a dispute. There's no way a tenant will succeed in getting reimbursed for maintenance that he did because he though it was necessary, but never asked the landlord to do. Even less chance of a tenant getting reimbursed for work that he not only never asked the landlord to do, but actually proposed to the landlord that he would do at his own expense.

In general, a landlord should maintain a property in the condition in which it was let, normal wear and tear excepted. "Normal wear and tear" doesn't mean you never have to refresh, replace, etc. Paintwork, for example, will degrade with normal wear and tear, but it's not normal to have the same paintwork in place for 30 years; when it deteriorates to a certain point you repaint. That's part of "normal", and a landlord should do it. (You need the tenant's agreement and co-operation, of course, but that will mostly be forthcoming).

The same goes for fixtures and fittings, including the kitchen. There does come a point where a kitchen deteriorates to a state that is so far removed from the condition in which the property was let that it's not unreasonable to expect the landlord to do some renovatioin. The OP's sense is that that point has not been reached and, if the tenant hasn't asked the landlord to fix the kitchen, the tenant presumably agrees.

Would you not replace the kitchen for them. A kitchen in a one bedroom apartment would not be expensive. I know you say it's functional but tired. I had tenents paint themselves and put up terrible colours and do a terrible job. We now keep our properties to a very high standard any work to be done we do it and can stand over it. Good tenants are worth looking after.

Dinarius said:

Does this alter theirs or our rights in any way?

If our circumstances changed in a couple of years and we wanted to sell (we don’t) would our right to do so change in any way?

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Not really, but its not ideal as the tenants might end up wanting to take something they paid for, and leave you with a need to replace it. Just be very clear on anything being removed as part of the upgrade, for example washing machines etc. Its really not ideal & you would be better off paying for it as you could expense it as a cost.

Sunny day said:

A kitchen in a one bedroom apartment would not be expensive. I know you say it's functional but tired. I had tenents paint themselves and put up terrible colours and do a terrible job

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Years ago I rented a place in Cork city that the landlord had invited the previous prospective tenant to pick out, and it was basically what you'd expected from the inside of a Parisian brothel. He then declined to take up the tenancy. So I had to live with it for 2 years.

Mind you it was better than the flat I looked at in 2000 that looked like the scene of a 1980s dirty protest.

Never had anything but hassle with tenants who wanted to decorate or change furniture or such. Remember one painted everything black including varnished timber. Another rewired things badly.

Their work is usually not the equivalent of the discount on the rent they are hoping for. That then become a conflict.