To think I've got my landlord over a barrel

[HollyHollyHo]

And to be quite enjoying it

I love the house I rent, ramshackle old cottage with numerous small problems but nothing really terrible. My LL I don't like so much. She's been nothing but a PITA since I first moved in. Turns up whenever she feels like it (despite words from the agents telling her she can't), she is the tightest women I've ever met e.g. A tap on the bath broke, she didn't want to shell out for a set of basic taps so took an old tap from another property and replaced it with that (result: two mismatched old taps that still drip). Every time my contract is up for renewal (yearly) the rent goes up by £75-£100 despite hardly any work being done in the property ever with no reasoning behind the rent rise other than "she can". I've never once missed or been late with the rent, fix things as and when I can etc

Anyway the EPC assessment was done the other day and came back as a G!

As of April next year (when my contract is up) any new property being marketed for rent has to be an E as a minimum.

In order to re market this property she's going to have to shell out thousands to get it up to code. There's no insulation, no double glazing, solid brick which needs insulating outside or inside. All in all it's going to cost her loads to get it up to code...unless she carries on renting to me and doesn't have to

So AIBU to think that come negotiations next April I can tell her I'm not accepting a rent increase in the knowledge she won't want to shell out to remarket the property?!

She might choose to sell :-(

You could try, but she may decide to just sell instead.....

Unless she cant afford to do it up and sells it ....... OR does it up and puts the rent way out of your reach?

But she could just as easily say that the repairs/upgrade are too expensive, so she has decided to cut her losses and sell her property, which would leave you homeless.

She can't sell. It's part of a working farm, complicated stuff including access means she can't (and wouldn't)

This is a woman who didn't want to spend £19.99 on taps. No way is she going to do the work.

I'd be asking for a reduction tbh, to cover the repairs you need to have done properly and then get them done.

If she's entering your home without permission, change the locks.

She doesn't enter she just randomly knocks on the door whenever she feels like it. One memorable time whilst we were singing happy birthday to DD and blowing out candles! She could see us through the window but hammered on the door to tell me to tidy up an axe which was leaning against the wall, a axe I had used 10 mins before to cut up some kindling

I am really, REALLY glad this legislation is being passed so horrible, tight landlords who leave people living in unhealthy conditions will have to do basic repairs. The state of the private rental sector is absolutely shocking. We need more legislation, with teeth.

In my area, there is a new Renters Union, which is basically getting very political and protesting poor landlords in the city and battling for greater tenant rights. It's a great idea. Maybe see if there is something similar near you?

My parents are in a similar situation with an old rural cottage. They have decided to let the current (very elderly) tenant live out her days there, but will leave the property empty thereafter. How much to you value the roof over your head?

But Smeaton, she is tight as. She won't spend the money to do it up and lose the rent. And OP doesn't mind living in it as it is, so a couple of years more without insulation won't bother her.

She definitely sounds like farming stock being that tight.

OP do you have a back up plan? Are there other places to move to around you?

I feel you pain OP. This is the leaking roof above our bedroom door. The landlord has known about it for A YEAR. He is trying to sell up but obviously hasn't had any takers so has instead swapped estate agents. When I went in to drop off our spare key for them the agent had no idea about the on going problems.
We have had to buy a vax carpet washer just to suck rain from the saturated carpet. I can't wait to leave in November.
Nothing really to do with your post, I just wanted to vent!

Why would she leave the property empty if she can keep the op living in it and paying rent?
What's the rent like compared to similar properties on the market? I'd be negotiating a rent reduction personally but only if you can afford to move if it goes tits up

Landlords who don't know when they are onto a good thing are stupid. My house is rickety and shabby but I love it and my landlord has kept the rent way below 'market' (bearing in mind it would cost £££ to get it to standard) last year he gave me a reduction just because I asked for one.

YANBU. Enjoy the feeling I say! Just bear in mind it might not go your way so have a vague plan B in mind. Always a good idea when renting anyway though especially with a fickle LL.

You are living in a crap hole- nothing to be smugness about

Is it a listed building? If so it may well be exempt from the new regulations.

And if not, she may either just do some work to the place or decide it's not worth the hassle and stop renting it out. Neither is going to make things better for you.

Or she may just wait it out until the EPC is recalibrated to make more allowances for solid walls. You may find the G goes to an E without anything being done at all.

Since she can claim all the work done to bring the property up to the appropriate standard back as outgoings from her tax bill...I don't suppose she will mind getting a new boiler and insulation as it won't come out of her own pocket. If she upgrades the property, she may serve notice on you as she could presumably increase the rent. Rents have gone up nationally because landlords cannot claim mortgage interest back on their tax self assessment as an expense anymore, so costs have been transferred to the tenants in many instances. I don't think you have the landlord over a barrel as she will do whatever is required to comply with the law to prevent expensive enforcement action, and she can claim it all back from HMRC against her income...salary, savings interest, property rents...her tax bill will deduct the costs of upgrade.

Yep, I'd say you're in a very strong negotiating position there! (although obviously plan for the worst just in case)

I don't understand putting the rent up by a token amount each year - my agents tried to suggest I do that on mine, but I don't - I don't see the point in pissing off a happy tenant for an extra couple of hundred quid a year, given how much it would then cost me to get a new tenant in if they get miffed and leave. I'd much prefer to keep a steady tenant personally. I wish my landlady thought the same way though - she's even built into the contract what next year's rise will be!

ohwool - that is absolutely DISGRACEFUL. Your landlord ought to be ashamed. WTF is wrong with these people.

Since she can claim all the work done to bring the property up to the appropriate standard back as outgoings from her tax bill

I don't think that's the case - you can claim repairs and maintenance (ie. replacing like for like) but not capital expenditure - upgrades and improvements:

www.gov.uk/guidance/income-tax-when-you-rent-out-a-property-working-out-your-rental-income#capital-expenditure

Revenue expenses are allowable, which include the day-to-day running costs of the property, but you can’t claim ‘capital’ expenses.

Expenses are generally ‘capital expenses’ if they will be used in the business over a longer period of time, such as when you:

add something to the property that wasn’t there before
alter, improve or upgrade something that was existing
include the purchase of furnishings and equipment for the property
Capital expenses aren’t allowable and can’t be claimed against your rental income but you should keep records of them as you might be able to set them against Capital Gains Tax if you sell the property in the future.

These are examples of capital expenses that wouldn’t normally be allowable:

adding an extension
installing a security system if there wasn’t one before
replacing a kitchen with one of a higher specification

That would be a dangerous game to play. There's obviously a reason why you have chosen to stay in this property - be it location, rent or whatever? Otherwise if you were so unhappy/annoyed about the lack of maintenance, landlord interference etc you would have moved? So before you dig you heels in, make sure you have a plan B in mind if the landlord serves notice.

Although potentially she won't want the hassle of finding new tenants, if the property requires as much work as you say, it may be that she finds it easier to not have it tenanted while the work is going on.

It's not just listed buildings which are potentially exempt from these regulations, it's also possibly buildings in a conservation area and other exemptions which are still not entirely clear.

Also, you do know that all these measures to bring it up to acceptable standards are meant to be funded by the Government's Green Deal, ensuring that landlords do not face any up-front costs? So she's not going to be paying thousands for anything! I think, if I was a landlord whose property needed upgrading, I would quite welcome the introduction of this legislation!

@OhWool, I hate landlords with no morals. I'm so sorry you're having to live like that - roll on November for you!

You seem to want to stay in this property even though it sounds shite, so I don't really understand your game playing. Not somewhere I'd want to live, but presumably it suits your needs

op do you have a tenancy agrement with her - if so there will be a right to a peaceful life within that.

whatever happens I would start to do stuff like get a solicitors letter that she is breaking her agreement with you to give you a right to peaceful life etc. Birthday party - etc shocking