This is a question to the blog clinic from Nick, on behalf of a tenant in England.
The tenant entered into a contract directly with the landlord for a shared property in Finchley, London. 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 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 from 7 am today, 4.5 months behind schedule.
The tenant stayed back in anticipation of this, and 5 minutes 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. Her belongings are in a small room without storage and she is unable to organise her belongings for the rent they’re paying.
What options does she have?
Given how dishonest the landlord has been, she is also concerned about the deposit of £1.5k if she leaves the property.
Answer
It is to deal with this kind of problem and broken landlord promises that the Renters’ Rights Bill is being passed. Sadly this sort of thing is not unusual.
Under the current law:
Unfortunately, there is not a huge amount the tenant can do right now other than withhold rent.
The landlord is correct in saying that he could, if rent is withheld, evict on the basis of the rent arrears. What he does not say, though, is that it would take him six months to a year to do this, possibly longer.
During the fixed term of the tenancy, the landlord would not be able to use section 21. In which case the tenant could counterclaim for compensation for his breach of contract in failing to do the agreed works at the property.
So I should not worry too much about the landlord’s eviction threats!
If the tenant wants to move out, she could withhold rent up to the value of the deposit and then move out. The landlord would be able to offset the rent against the deposit, so would not be able to make any other claim.
Once the Renters Rights Bill has come into force:
After the Renters Rights Bill has received the Royal Assent and come into force, this sort of situation would be far less likely as:
- Tenants will be able to give a two-month notice to quit on moving in if they find that the property is not as advertised or agreed, and then move out without penalty
- Tenants will be able to bring a complaint to the Landlord’s Redress Scheme if landlord promises are not kept. The Ombudsman will be able to make an order that the landlord do the promised works and for financial compensation. At the moment, tenants can only do this if the landlord is using a letting agent.
However, the Renters Rights Bill is not likely to come into force until April 2026.
Deposit issues
Unfortunately, deposit scheme adjudicators cannot deal with tenant disputes. If a tenant were to move out while the rent was paid up, the tenant would not be able to defend any claim the landlord might make. As dealing with tenant claims for breach of contract is beyond their powers.
Which is why tenants are advised to withhold rent to the value of the deposit (although strictly speaking, this is illegal!) before vacating.
However, bearing in mind this landlord’s behaviour, you might want to check to make sure the deposit money has been protected with a scheme. As if it were not, this will make it more difficult for the landlord to enforce against the tenant, plus the tenant will be able to claim against the landlord for up to 3x the deposit sum.
All the deposit schemes have pages where tenants can check if their deposit has been protected, linked below: