@Sparklesandpasta
Hi Andy,
We currently rent, in the process of buying a house and we have a few issues with our landlord.
We started a 6 month AST (i think that’s the name) and then went onto a rolling one month rental, about 6 months ago now. Our landlord made a lot of concessions for us - he wanted a 12 month minimum, we knew we were buying this year. We also have pets which we paid double our deposit for AND the landlord charged more monthly rent than the property was advertised for.
The landlord carried out an inspection awhile ago and has accused us of things like changing wall colours, and he told us that we ‘piss him off’. The property is riddled with problems, such as a massive hole in the roof meaning that we cannot use the entire upstairs of the property, no gauge for our oil tank so we don’t know when our oil is going to run out, the boiler hasn’t been serviced in the 12 years the landlord has owned the property.
It is clear that we are moving - we have boxes everywhere and told him we have bought a house but aren’t putting notice in yet.
He has informed us that he wants two months notice when our contract says one, that he wants a professional clean done (he said it is in the contract but it isn’t) and we are worried about him accusing us of changing a wall colour. The only thing in the inventory is a picture of the wall paper on one side of the room, not the magnolia on the other. I do randomly have video evidence of the magnolia always being there in the background of a YouTube video about a month after we moved in.
Phew that was a lot. My questions are:
Is it one month’s notice or two?
Can he verbally demand a professional clean after we leave?
What about this weird paint colour situation? I don’t really want him to know about the YouTube video but I do have that evidence.
Thank you
Hello @Sparklesandpasta,
Thanks for sending this through.
I’m sorry to hear about the issues you’ve had in your home, and I can understand your concerns.
In terms of the notice you’d need to serve, one month should be enough from what you’ve mentioned. Usually the notice must end on the first or last day of a period of the tenancy (so if your tenancy started on the 20th of the month, your notice would need to cover the period of from the 20th of one month up to, and ending on, the 19th or 20th of the next month).
You’d only need to give two months’ notice in circumstances like this if
- Your tenancy agreement stated that your tenancy would become periodic when the fixed term ends, and
- Your tenancy agreement clearly stated that 2 months’ notice is required.
You can find further advice on how to end a periodic tenancy including a sample notice here:
england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy
With respect to professional cleaning, tenants are only responsible for leaving a property in the same condition as it was in when the letting began, allowing for fair wear and tear through reasonable use of the home. If the property was professionally cleaned when you moved in, your landlord can request that you ensure the property is cleaned to this standard when you leave. However, if it wasn’t professionally cleaned, this should not be something you’re required to do. If there is any dispute over this, your landlord should be able to provide evidence of what cleaning was undertaken before the tenancy started.
When it comes to the paint colour of the walls, again you’re only responsible for leaving the property in same condition as it was when you moved in, excepting wear and tear. The landlord should be able to prove that the wall colour has changed, if they believe this to be the case.
If you do end up in a dispute, many landlords seek to make deductions from a tenant’s deposit to cover the costs of issues like the cleaning and wall colours, and to cover ‘unpaid rent’ if the tenant hasn’t given what the landlord believes is the correct notice. If this happens, most assured shorthold tenants should have their deposits protected in one of three government approved schemes. The schemes offer a free service for resolving disputes if the tenant doesn’t agree with deposit deductions proposed by the landlord. If you’ve paid a deposit, you should have received information about deposit protection around the start of the tenancy. If necessary, you could use the YouTube evidence you’ve mentioned in negotiation with your landlord, or submit it to the scheme protecting your deposit if you raise a dispute.
The other issues you’ve mentioned in the property sound very unpleasant. Landlords should arrange to carry out repairs within a ‘reasonable time’. While roofs may take time and the appropriate conditions to repair, if the hole has been present for much of your time in the property it’s unlikely the landlord is acting within the necessary timescales and you may be able to take further action over this. For example, you may be able to claim compensation for breach of contract. If your landlord tries to claim extra money from you for issues he’s accusing you of causing, you could also make a counterclaim.
I’m assuming you have an oil-burning boiler rather than a gas boiler. There are regulations that apply to gas appliances (for example annual gas safety checks) but unfortunately the same doesn’t apply to oil-fired boilers. However, your landlord should still ensure that the boiler is safe and well-maintained. If you have concerns about its safety, you could contact your local council and ask the environmental health officer to get involved. They can carry out an inspection under the Housing Health and Safety Rating System to assess if there are any hazards in your home. The same would also apply to the hole in the roof if the landlord isn’t taking action to arrange repairs.
If you need more information about these issues, please do get back in touch for additional advice. In the mean time, I hope this information helps and best wishes for when you’re ready to move to your new home.
Kind regards,
Andy @ Shelter
Contact Shelter's housing experts online, by telephone, in person or on social media: england.shelter.org.uk/get_help