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Original poster

Landlord wants to do major work to the house

136 replies

Frosty66612 · 15/05/2018 11:46

I’m moving out of my rental early autumn as have bought somewhere. My landlord has been In contact to say he is putting the house on the market but will need access to do lots of work to it before I move out (installing double glazing in most of the rooms, painting the house, changing the whole boiler system, putting new carpets down etc). This is going to be incredibly inconvenient as I run my business from home and I also have a cat who would need to be put into a chattery whilst all this is going on.
I would have to move to my mum and dad’s for a couple of weeks while he gets people in to do it all. They will be having to move all my furniture and the whole situation is making me feel stressed just thinking about it.
I’m guessing I cant really ask him to wait until I’ve moved out and will just have to let him get on with what he needs to do? Thanks

OP posts:
Original poster
Frosty66612 · 15/05/2018 12:08

@thesecretmole who do I go to about the deposit if I move out and he’s being an arse about paying me it back? Do I go to the deposit bonding scheme people or citizens advice? There was no inventory when I moved in but I haven’t caused damage. Thanks

OP posts:
TeasndToast · 15/05/2018 12:09

Oh you have him over a barrel! Firstly, you can prosecute him for not holding your deposit in a protected scheme. Secondly, he cannot evict you because it takes months and lots of money to do it by which time you’ll be moved out. You just exercise your ‘right to peaceful enjoyment’ and politely tell him to fuck off Wink

TheFatkinsDiet · 15/05/2018 12:12

Also - I feel really angry that I’ve been left in a house for 6 years with single glazing, shoddy carpets and a boiler system from the Victorian ages that has broken down so many times. And as soon as I say I’m moving out he finally sorts it all out

Ugh I hear you op. I had exactly this in our last rental before we finally managed to buy. We repeatedly asked our landlord to sort our ancient single glazing which he never did, even after we had our first baby, so we were forever having to window vac the windows and running a dehumidifier all winter. He was a colleague of my dh as well and had a child of his own, so we assumed he just couldn’t afford it as never thought he’d leave us in such shit living conditions with a newborn unless he had to. About two days after we moved, a friend of mine walked past the flat and saw he was putting in double glazing. I’m still really miffed with him tbh.

At least he didn’t have the gall to ask us to put up with a load of work just so he could sell the place from under us though. That is truly cf territory.

TheFatkinsDiet · 15/05/2018 12:13

No inventory you say? I had this once and we got our whole deposit back. We hadn’t caused any damage and cleaned like demons when we moved out, but also they couldn’t have proved anything if we had!

alphajuliet123 · 15/05/2018 12:13

Is the house you've bought off plan? Jut curious why you're not moving until October and whether you could get in there sooner?

Original poster
Frosty66612 · 15/05/2018 12:15

@fatkins definitely no inventory. I’ll go completely mad if he’s difficult about my deposit when I know how wealthy he is and how much I struggle for money and have been been the perfect tenant

OP posts:
Original poster
Frosty66612 · 15/05/2018 12:16

@alpha my partner is currently renovating it for us. I could move in earlier if I absolutely have to but it looks like a bomb site at the moment and will do until at least the start of Sep (so much structural work etc being done to it and things like plastering. There’s no kitchen or bathroom at the moment either)

OP posts:
RLOU88 · 15/05/2018 12:16

You can sue him for not protecting your deposit under the TDS scheme which came into effect in 2007. You will be able to claim up to 3X your deposit IF you wanted to.
As to the works, please don’t let him treat you like this, it’s terrible. Are you on a rolling AST or did you re sign ?

Original poster
Frosty66612 · 15/05/2018 12:18

@rlou88 just on a rolling lease. Got a 1 year lease when first moved in and ever since then (2012) I’ve never signed anything else and he’s never sent me another lease

OP posts:
LunaTrap · 15/05/2018 12:19

He may struggle to evict you sooner if he hasn't protected your deposit-

www.landlordzone.co.uk/information/case-law/returning-deposits-when-in-breach-of-the-rules

RLOU88 · 15/05/2018 12:19

The reason I ask if you are on a rolling tenancy is because the landlord can give you notice at any time. Perhaps, as you want to stay until Autumn, doing the works around you was better for you too as it would enable you to remain.

Original poster
Frosty66612 · 15/05/2018 12:21

@rlou so he could give me a months notice to move out at any time?

OP posts:
LunaTrap · 15/05/2018 12:23

OP read the link- a notice for possession will be invalid if he hasn't protected the deposit. He would need to return it to you first.

RLOU88 · 15/05/2018 12:23

2 months. You are on what is called a periodic tenancy.

Original poster
Frosty66612 · 15/05/2018 12:27

@luna thanks for that link. Just read it now and it’s answered a few questions I had.

OP posts:
RLOU88 · 15/05/2018 12:27

Deposit aside (the landlord seems to have plenty of money to pay) you can still be given two months notice at any time. I am telling you because if you be difficult he may exercise his right to do this and you will be in a worse position considering your new home isn’t ready until later in the year. If you want to leave sooner you can give the landlord 1 months’s notice at any time.

ParentInCharge · 15/05/2018 12:30

It's surprising how many people don't realise this but just because something is in your signed tenancy agreement it doesn't make it enforceable. A signed lease does not supersede your tenant's legal rights. You can sign anything you like but if it's not legal, it's not legal. Like the access with 24 hours notice rule. It actually means that a landlord must ASK for access a minimum of 24 hours before, and you can still say no. If they want access that isn't for emergencies then they have to go to court. In fact he UK the notice period for eviction is 2 calendar months and one month if it's the tenant giving notice.

You're in a great position here where you are 100% guaranteed your deposit back. No inspection means there is no record of the state of the property therefor no deposit deductions can be made. But more importantly, due to the landlord not depositing the money with any of the three recognised official deposit schemes, you can request every penny back and the landlord can be forced to pay up to 3x the deposit to the tenant in court. It's very easily done too. No judge would side with a landlord on this as it is as basic a rule as you can have.

Tumsnet · 15/05/2018 12:31

OP, our landlord needed to have emergency works done to our rented property which meant weeks of open walls in the living room. The landlord offered to put us up in a hotel for the time but we had a 7 month old DC at the time and bring without all our furniture and stuff plus post would have been a nightmare. We negotiated with the landlord to delay the works and allow us to terminate the tenancy early and find somewhere to move into. Landlord was reluctant but luckily got us, understood the impact the works would have.

RLOU88 · 15/05/2018 12:34

The OP’s original post wasn’t of concern about the deposit. This has been answered.
The OP doesn’t want to move out to enable the works to take place and I’m agraid the landlord can evict him sooner than August should he want to proceed with his right to repair and redecoration of his home sooner!

HirplesWithHaggis · 15/05/2018 12:34

He can give op two months notice whenever he likes, but op does not have to move out at expiration. Ll would need to go to court for eviction, which costs and can take months esp if op continues to pay rent. And he has not protected her deposit...

No, op, do not move out, do not put your cat into a cattery, do not put yourself to this massive inconvenience.

RLOU88 · 15/05/2018 12:38

Would you really want to live like that ? To ignore fair and reasonable notice to let this guy repair his home.

RLOU88 · 15/05/2018 12:39

OP IMO opinion I would just try to negotiate what’s best for you. I am sure the landlord won’t withhold your deposit I’m not sure why that seems to be the issue.

Original poster
Frosty66612 · 15/05/2018 12:39

I am not particularly concerned about the landlord trying to evict me earlier than October as he would be at a big disadvantage by not having my rent money until he was able to sell it. The fact he’s wanting to do the work on the house before I move out shows he doesn’t want the house empty with no money coming in

OP posts:
TenancyTroublesAgain · 15/05/2018 12:39

For all that inconvenience, I'd ask to live there rent free for the duration of the works or deny access. What a pisstake.

specialsubject · 15/05/2018 12:40

download the how to rent guide you weren't given from gov.uk. Read it. list all the things you don't have which mean you cannot be evicted. You hold all the cards and can ignore anything he asks.

write (not kiddy comms, write, keep copy, send with free proof of posting) a letter to landlord saying that you are not granting access. Give your formal notice when you are sure you have somewhere to go. Remind him that you will be suing for lack of deposit protection (or don't and just sue).

I'm a landlord.