• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Broken promises by landlords: what are a tenant’s options?

January 19, 2026 by Tessa Shepperson

HousesThis 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.

Previous Post
Next Post

Filed Under: Clinic Tagged With: Deposit, Tenant Rights

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.
Please read our terms of use and comments policy. Comments close after three months

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy