Here is a question to the blog clinic from Sarah who is a tenan
We have rented our house since 1st Dec 2003 with a standard shorthold rental agreement for 1 year, since then we have no new contract.
Recently have been trying to buy our house, but having got an offer from our landlord, we don’t think we will be granted a mortgage for that much.
So we are now worried that if we continue our tenancy, and get all the updating done that is necessary (new doors and windows as our current ones don’t work; problems with electrics; white goods not working) then our landlord will hike the rent up so high we cannot afford to even rent any more.
Is he within his rights to do so?
Answer
Well YES! You should NEVER spend money doing work on someone else’s property – not unless you have a clear, written, agreement with them that
- You will be allowed to remain in the property for an agreed period of time and
- That the rent will remain the same
For an example of the sort of thing that can happen you can see this ‘horror story’ which is based on a real case I dealt with in the 1990’s.
Alternatively, you may be able to get the landlord to agree to pay for the work and refund you the money. Bet you still run the risk of having all the inconvenience of getting the work done (albeit at the landlord’s expense) and then being served a section 21 notice and a notice of rent increase.
It would be better, if you can, to spend the money on a deposit for a house of your own.
Tessa, I was interested to read your ‘Horror Story’ link. I presume the case therein was never appealed, and therefore did not become a precedent, however I would be very grateful for the CC citation in any event if you’d be so kind as to supply?
Many thanks
Laura
The case was brought a very long time ago, I think it was about 1997 or so and so far as I am aware was not reported. However I can remember it well!
We would probably have stood a good chance with the estoppel argument had our client not shot herself in the foot by failing to attend earlier hearings due to ‘stress’. We were only brought in at the appeal stage. As the article on Landlord Law states, we lost this due to the court holding that her ‘stress’ was not serious enough to have prevented her dealing with the matter at that time. Which I have to say I agree with.
She was not a very bright lady and seemed to have thought at the time that her case was so overwhelming that the court would uphold it whether or not she was there to support it.
It is a great shame though as we had obtained a legal aid certificate for her and had we been able to proceed it would have been an interesting case. We did the best we could anyway.