Here is a question to the blog clinic from Liam who is a tenant.
Recently moved into a new property one month ago. Renting from a landlord through an estate agent.
The flat was coming up to conclusion of renovation so in the tenancy agreement we had it specified that these be completed by set date (light fittings being completed, damp patches and damages to walls repaired, professional cleaning, a working fridge freezer installed and a shower installed) at present none of these items have been completed nor has an inventory check or inspection been carried out. We had to move into property as had no other alternatives.
Our estate agents seem unable to reach the landlord and we’re getting no feedback or communication. We will continue to pay rent etc as required. But what can we do to force landlord to start and complete these items with immediate effect.
Answer:
First – you may want to get your own inventory check done so you will be able to prove later (if needed) the condition of the property – and that the landlord had failed to carry out his promises made in your tenancy agreement.
I suggest you then withhold your rent until the works have been done. Don’t spend the money – just put it in a separate interest bearing bank account and keep it safe.
Tell the agents / landlord that the money will be paid over once the works have been done, but that you expect to be paid some compensation for the inconvenience you have suffered.
If they threaten to sue you for the money or evict you for non payment of rent, say that you will defend and counterclaim for compensation for breach of contract. Point out also that the money is there – and would have been paid to them already if they had not breached the terms of the tenancy agreement.
Note that strictly speaking you are not entitled to deduct money for compensation unilaterally – this has to be awarded by a court if you are unable to reach a negotiated figure.
Personally I think it may be best withhold just 25% of the rent. As well as putting it in a separate account WRITE to the landlord AND the agent saying what you are doing and way.
The risk is that the landlords does the least renovation possible to get the rents, then uses a S21 to evict, along with giving a bad reference due to the withhold rent. Therefore be ready with copies of the letters etc to give to the next agent/landlord before they request the reference.
Also don’t use the deposit protect scheme if the landlord will not give you the full deposit back, insist on a full court case. As the deposit protect schemes can not take into account this sort of thing.
The LL can use S.21 anyway though. Regardless of withholding 1% or 100%. Dont know what you’re talking about with the DPS arbitration – what can they not take into account?
Its not clear from the post exactly what work has been left undone and it may be that some of the elements are disrepair to structure under Section 11 which may or may not interest the councils EHOs but which might give the tenant a claim under the same legislation.
I would also have a word with the council’s Trading Standards team to see if there is any angle on Consumer Protection from Unfair Trading Regulations in that a certain standard was promised on sign up and not adhered to.
Note that all complaints now go through a centralised Citizens Advice Bureau number who will refer onto the relevant trading standards team if they consider there is a case to answer.
If this is the case the broken promise may nullify the contract and allow Liam to move out.
Trading Standards might also want to know if the agent is culpable in any of this in terms of the promises they made that werent followed through. Remember since October all letting agents must now belong to a redress scheme.
Trouble is, whatever Liam does will create problems. He either waits patiently for the works to be done like a lemon or takes some form of action: witholding rent, calling in EHOs, suing for disrepair or reporting the case to trading standards. All of which will be reported to any new landlord and make poor Liam look like a trouble maker when he is actually the victim in this.
What a practical ‘not strictly corrrect’ answer. I like it.