To deduct this off my rent without landlords consent?

[Userxxx]

We have been renting our home for 8 years. In that time the landlord has fixed stuff that needed fixing (electrics burnt out. leaking toilet, new oven hob, front door locking mechanism) but has done no maintenance at all. We have painted through and changed a bedroom carpet to laminate as it was old and coming up.

Our stairs and landing carpet is the original carpet in the property so over 30 years old and literally threadbare on the landing, and coming off the stairs so is a hazard.

I requested it to be changed over 2 years ago through the letting agent who responded that the landlord had given permission and their maintenance people would do it. It never happened and I stopped chasing it when Covid started.

I requested it to be done again this September. Again told LL agreed to getting quotes done and they’d send their guys out. Again they didn’t come so I emailed them in October and said I’d get it done myself if they didn’t send someone out within 14 days and take it off the rent. No response.

I got quotes a few weeks ago, went for the cheapest, paid for it and it’s being fitted next week. I also decided to change the carpet in the main bedroom as again it’s very old and has holes in it. I decided I’d pay half as we hadn’t agreed to it but the landlord will benefit as the carpet is disgusting and when we leave next year, landlord won’t have to do it.

Lo and behold. letting agent called me yesterday saying they were sending their guys out to do a quote for the Landlord. I told them I’d already sorted it and the bedroom carpet too and was told as I’d done it without permission and their guys might be cheaper, I can’t take it off the rent!

WIBU to just deduct it from next months rent and tell them to piss off? If they try to serve notice, would I have grounds to say they are serving it maliciously? It is £650!

Yes, you'll be given notice if you unilaterally stop paying rent. You need to come to some agreement with them.

I wouldn't and completely sympathise OP, but you don't want to give LLs a legitimate reason to evict you.

It is awful, we rent in a very worn house that I'm frankly ashamed to invite visitors round to. But I'm too terrified to change anything as we've been no reason given evicted twice.

I 100% agree with you that as you've taken the time (and expense) to make the property pleasant to live in, so should charge the LL via rent deduction, I just wouldn't. Tenants have no legal rights.

Tenants have no legal rights.

Tenants have lots of legal rights. They don't involve redecoration though.

YABU. It isn’t a repair.

You can’t just deduct it off your rent; you’re going to have to just suck up the cost. It’s not your property and you can’t just go around changing it.

It’s not to their benefit just because it’s new because they haven’t chosen it.

@Marynotsocontrary

Tenants have no legal rights.

Tenants have lots of legal rights. They don't involve redecoration though.

Try facing a no reason given eviction when you've done nothing wrong.

You can't deduct off rent unless landlord agrees. Which he hasn't.

Are you able to get directly in touch with your LL. as a landlord myself I would have been thankful that you organised it yourself and happily pay what seems like a reasonable price. It’s sometimes the letting agency that is dragging their feet, and in this case your LL sounds accommodating.

Whatever you do though, don’t just deduct it. That comes with all sorts of issues.

It’s not a repair. In what way do you think replacing carpet is a repair?

Try facing a no reason given eviction when you've done nothing wrong.

@Stellaris22 Do you seriously think you have a right to live in someone else’s property for as long as you want just because “you’ve done nothing wrong”?

It’s not your property. If the landlord needs it back because they want to sell it, up the rent, change tenants, move in themselves, or really for no reason whatsoever, why shouldn’t they get it back? It’s their property that they bought with their own money.

@Whywonttheyletmeusemyusername

Maintenance INSIDE a rented property is surely down to the tenant to sort and pay for? I had my entire downstairs painted. Asked the landlords permission, but didn't expect him to pay for it.

My tenancy agreement states no decorating or changing of carpets without landlords permission in writing. I can't do repairs myself and have to report everything to the letting agency. I can't even hang a tv or picture on the wall with any type of thing that requires a hole in the wall without written permission.

A moth infestation a few years ago required the carpet to be removed. I still couldn't just go out and and arrange new carpets without speaking to the owner. A lot of tenancy agreements don't allow you to paint and decorate.

The owner of the home I rent is quite reasonable and when white goods have broken he's been happy for me to arrange replacements and send him receipts and he's transferred money but I wouldn't break my tenancy agreement and just do things without asking.

@colourfulpuddles well, yes, I do. Paying rent, not damaging the property or being a nuisance. Having a right to a home and this attitude is exactly why places like Shelter exist.

But thank you for proving my point about tenants having no rights!

The carpet is loose on the stairs meaning it hangs over the top of a few of them making it slippery. In fact we have slid down it several times due to this.

The landlord was aware and the letting agency agreed with me when they saw it.

I think I was justified in having no confidence that even if the agency got quotes, the work would be done in the near future. I gave them 14 days to respond (a month ago) after 6 weeks of waiting for someone to come out and quote for it in addition to the 2 years before. They came to look at it initially in September 2019 so plenty of time to do it before Covid.

I was once left for a 4 days without being able to lock my front door as the locking mechanism went. Agency didn’t send anyone out despite saying they would and my chasing them several times a day! In the end I got an emergency locksmith out which cost almost £400, much more than it should have. Took it off the rent and they didn’t argue.

How much longer should I have waited before one of us (4 DC in the house) fell badly and got injured?

It's really awful that the landlord didn't do something about this horrible carpet before now. I would be hopping mad too. The pandemic has only stopped maintenance work inside houses for a short while, business as usual resumed in about July last year iirc.

I think lots of landlords will work with you on this OP. You just need to talk to them.In this case, they'd already agreed to replace one of the carpets at least..

I'm a landlord and would definitely reimburse you the cost of the stairs carpet, if you had done it at a reasonable cost. The bedroom I'm not sure, it would depend on whether I agreed it needed replacing or not - if it had holes and needed replacing I'd be happy to pay. However, this would of course depend on the reason for the holes - normal wear and tear vs misuse.

@Stellaris22
It's not a case of doing anything wrong. Renting privately means you have rights to the property for a certain period of time, nothing more I'm afraid. I appreciate it's not a great situation to be in if you'd prefer to buy, but just can't afford it.

I was once left for a 4 days without being able to lock my front door as the locking mechanism went. Agency didn’t send anyone out despite saying they would and my chasing them several times a day! In the end I got an emergency locksmith out which cost almost £400, much more than it should have. Took it off the rent and they didn’t argue

I thought they fixed the door mechanism?

In that time the landlord has fixed stuff that needed fixing (electrics burnt out. leaking toilet, new oven hob, front door locking mechanism)

@Whinge Apologies for not being clear. I had to get it done myself as I said. In my OP I was listing what the landlord had had to pay out for in the property which were essential repairs only.

It’s a bit miserable that someone can’t have a carpet or flooring of their choosing in their own home, so I don’t think YABU to do that in itself.

@Morvensea buts I'm not 'her own' home...it's her home right now yes...but not hers per se. She doesn't have an ultimate right to decorate as she sees fit unfortunately.

The best that you could hope for, if his quotations are cheaper, that he puts that towards the costs.

But no guarantees.

It may be the landlords house, but it is the OPs home.

Becles

You asked for new carpet 2 years ago - of which 17 months included a pandemic. You're having a laugh aren't you? I'm assuming you want them to give you notice.
This

@Morvensea yes that's what I said...it's her home...but she doesn't own it so can't decide on what to do with it!

@Morvensea which is why the OP can't change what she wants, it's not hers.

I say this as a renter not a home owner.

In all honesty I dont know. But if they won’t pay it I would simply take the carpet with me when I leave

I don’t think it’s unreasonable to have your home as you want it, though.

The grey area here for me is that she expects the landlord to pay for it.