This is a question to the blog clinic from Noel on behalf of a tenant in England
A tenant entered into a contract with a landlord, paying a fairly full rental figure.
Tenant requested a bed with storage and built-in wardrobes. The landlord agreed in writing via email and promised that these works would be carried out before she moved in.
Upon moving in, the tenant discovered that this had not occurred. Four months on, the landlord has been making excuses, ghosting for 5-7 weeks at a time.
The tenant tried withholding her rent but was threatened with eviction. She paid after agreeing that he must keep to their agreement.
He organised for someone to come to the property to carry out the works four and a half months behind schedule.
The tenant stayed back in anticipation of this, and 5 mins before, the landlord texted her saying the contractor was on his way to the eye hospital and was unable to attend. Whilst there is no concrete evidence that this is a lie, it seems likely based on previous conduct.
The tenant is at her wits end, as her stuff is still in boxes. She can’t live like this. In a small room without storage and able to organise her belongings for the rent she is paying.
What options does she have?
Given how dishonest the landlord has been, she is also concerned about their deposit of £1.5k should she leave the property.
Answer
This sort of situation is one reason why the Renters’ Rights Act was passed. After 1 May 2026, when it comes into force (in this respect) tenants will be able to give two months’ Notice to Quit and leave without penalty.
Eventually, there will also be a landlord’s Ombudsman service where complaints can be made when landlords fail to comply with their obligations and agreements.
Sadly, this is not the case at the moment.
Presumably, the tenant has a fixed-term contract, so is obliged to carry on paying rent during the fixed term period. Although this will end on 1 May 2026, as the Renters Rights Act will abolish fixed terms.
So far as the deposit is concerned, she needs to make sure that it is protected. We have instructions on how to do this here.
If the landlord has not protected the deposit, then she can claim it back through the courts and also claim a penalty of up to 3x the deposit sum.
Strictly speaking, the tenant is not entitled to withhold rent, even though the landlord is clearly in breach of contract. However, so far as the landlord’s eviction threat is concerned, he would have difficulty getting a possession order based on rent arrears, as the tenant would be able to counterclaim for compensation for the fact that he has failed to carry out the agreed works.
The proceedings would also take a long time, and the tenant would probably have moved out anyway before they came to trial. So I think it is unlikely that he would do this.
If the tenant decides to withhold rent (which would be entirely understandable), she should keep the money (i.e., not spend it on something else) so it can be paid over once the landlord has done the work.
If she tells the landlord this and says that the money will be paid as soon as the works are done, this may incentivise him to do it.
However, if the landlord has not done this by the time she moves out (and the rent has not been paid over), and assuming the landlord has protected the deposit, then note that dealing with tenant disputes is not something the deposit scheme adjudicators can deal with – so they would find for the landlord.
So if the landlord makes a claim from the deposit for the withheld rent, she would need to refuse adjudication and ask for the dispute to be resolved through the courts. This is something the court can deal with, and almost certainly they would find in her favour.
The tenant should take care to keep records of the promise to do the work and also of all the broken promises to do it. So if she does need to justify her actions, she has the evidence to prove her case.