Updating post from Reddit.
Hi I’ve rented a flat in London for nine years. Been a really good tenant, never missed a rent payment. Have organised most repairs myself (with landlords permission) as the landlord wasn’t great tbh, changed her phone number without telling me mid-tenancy and wanted all repairs done by her own handyman who was rarely available and often not qualified to do the repairs (for example she wanted him to do emergency plumbing repairs when he wasn’t a plumber, and he also wasn’t contactable, so I had to arrange plumbers myself or live without sanitation). I also had two rooms redecorated at my own expense as they hadn’t been painted for 20 years and the paint was peeling off the wall. Cost me about £2k out of my own pocket and was done with the landlady’s prior knowledge and consent.
I gave notice at the start of the month as I’ve finally managed to buy a place of my own, and I leave in 12 days. The landlady has decided she wants to properly redecorate after I’ve gone and wants to bring several decorators round to give quotes during the next few days. I’ve said they can come during the day when I’m at work, but she wants to bring them round in the evenings as it’s more convenient for her and is being quite pushy.
I really don’t want my landlady and decorators round in the evenings. I’m exhausted from work and moving and need my own space to decompress at the end of the day (I’m autistic and find having strangers in my home really stressful).
Is it ok for me to say no to her requests for access? Would I be reasonable to do so?
I’m also a bit worried about my deposit (£2250 - 6 weeks rent). I just learned that she hasn’t put it in protection scheme - just kept it to look after herself - so I have no mediation to fall back on if she does try to make unfair or punitive deductions.
Would welcome your views, thanks for reading
No deposit protection = you can get 1-3 months rent compensation. You’re golden.
The court must award the deposit and a penalty of between one and three times the deposit (not months rent) so a minumum of £4500 and a maximum of £9000.
It is also worthwhile pointing out that the Tenant Fees Act caps deposits at five weeks rent, so the sixth week would be a prohibited payment under that Act.
Oh wow - this is good to know. Thank you!
If it was a nice landlady then I’d be tempted to keep a good conscience.
Doesn’t seem like that’s the case - what a shame!
Thank you! Yeah, I don’t think she’s a horrible person but she’s not been a good landlady sadly
Don't feel bad about what you're entitled to. The rules around deposit schemes are clear and she hasn't abided by them. You've paid rent for years, presumably more than what her cost will have been so you're not taking from her, you're taking back your own money.
People love to say that landlords don't "earn" rent. I disagree with that, as it's an investment of money and time, but the bare minimum is to deliver the service that is being paid for (I.e. timely repairs) and to comply with legislation (I.e. annual Gas Safety checks, 5-year EICR, fire alarms, deposit schemes and Landlord Registration). If she's not done these things she's potentially put you at risk whilst taking your money, which is immoral and illegal.
"If the court finds your landlord has not protected your deposit, it can order them to either:
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order."
https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit
This is wild! And great news. Thank you 🙏
I think if the landlord wants to inspect the property and has given proper notice the tenant cannot refuse it, I had a solicitor on enon a case like this when I was trying to check a flat that was trashed, and they HAD to let me in. This was with the solicitor on the phone.
If it is an emergency yes. But to allow decorators in it is not an emergency.
I would say it depends, what if the decoration is related to mould treatment? I'm just saying this because I had to help a friend (builder )that didn't understand much about thermodynamics and MVHR systems how to get moisture and ventilation to sort out mould on one property he was doing some work and there was a lot of work involved to get rid of the mould in the walls that were often described as decoration work.
No thats not an emergency.
An emergency is a gas leak, a fire, a flood.
Not a bit of mould on the wall. Theres no such thing as emergency decorators.
Good point
The post explicitly says the visits are to quote for redecoration after OP moves out. You're telling a long story to explain something that's wrong - the OP is a tenant with a right to peaceful enjoyment of their own home.
Nonsense.
Wow thanks guys - just learning about the deposit thing now! Had no idea. Really appreciate your input.
I had similar with a previous landlord. They didn’t protect my deposit within the correct time period so I employed a “no win no fee” solicitors who got me 2x my deposit back. Reckon it’s worth perusing even if you get your full deposit back after you’ve left ;)
Brilliant - I’m going to do it!
Why not! I’m sure you’ve done everything you’re legally required to when you rented this place; makes me mad that so many landlords get away with doing not even the bare minimum they’re required to do. I left a similar comment about unprotected deposit in another thread about a week or so ago, that detailed the process I went through. Feel free to check it out as it may be useful to you :)
Hope you get all of this sorted, and get the compensation you deserve for your Landlord not protecting your deposit. There’s a reason this protecting someone suppose mechanism exists, so may as well use it.
Thank you so much! I’ll check out your other thread, that’s really helpful
And yeah, I went through loads of referencing checks at the beginning and have done all I can throughout the tenancy to take good care of her property and be a decent person to deal with. Make me angry that she didn’t even do this one really basic thing to protect my money. Thanks again - I’ll get going with the process
You’re welcome - best of luck, and let me know how you get on! Rooting for you
Will do! Many thanks
No deposit in a scheme?
You’ll laugh all the way to the bank
You do not need to give access; you have a right to something called "quiet enjoyment" under the law (which, regardless of what your contract says, cannot be altered or abridged by the contract) - basically, they cannot demand entry except in an emergency. It's a right you have - it really doesn't matter whether you're being reasonable or not to use it (and, to me, it sounds like you very much are being reasonable).
On the deposit, you may be in luck. It's against the law not to protect tenant's deposit (unless you have a very old tenancy - possibly pre 2011? I'm not an expert), and it's certainly illegal to try to take away a tenant's deposit because they've been uncooperative with your planned decorators. You could be eligible for compensation up to three times the value of the deposit (as well as getting the deposit iself back), as a penalty on your landlady for not protecting it. The housing charity Shelter has more information, here: https://england.shelter.org.uk/housing_advice/tenancy_deposits/what_to_do_about_an_unprotected_tenancy_deposit
If you feel bad for trying to get compensation, remember that the scheme exists for a reason - she could very easily have run away with your money, if it didn't exist, and she chose not to protect it. From what you've described, she's also been a bit of a crap landlady anyway. I wouldn't feel bad, and hopefully it will teach her to follow the law next time.
This is really helpful - thanks so much! And yeah, good point on the not feeling bad. She really needs to learn this stuff so she does better by the next tenant!
I worked out I’ve paid her nearly £175,000 in rent in the time I’ve lived here so having to pay circa £4k of court-ordered compensation probably won’t kill her…
I’d wait until you are out and have your regular deposit back before the compensation claim (in a similar boat) as she might then try it on and make it difficult for you to get your deposit back. And you still have the right to quiet enjoyment while you are there so you can say no to evening visits. You are already giving plenty of day hours as possible times for decorators to visit!
If she returns the money as it is without a flinch, I would just walk away. If she tries to be funny, then go balls deep. If you have managed to buy a property, you are doing well enough to know how much your time is worth.
Tell your arse hole landlord not to send anyone round until you’ve left, and then enjoy suing them for the failure to protect deposit.
Admit no one.
Landlords of Reddit - you are a helpful bunch! Thanks so much for this, amazingly useful stuff
Just say no, you're still the tenant and it's not convenient for you.
You'll be out in 12 days she can come anytime day or night once you're out.
Exactly this!
She needs to secure that deposit. She won’t have a leg to stand on otherwise.
It's too late. Has to be done within 30 days
She’s had years and still hasn’t done it haha
You're not worried about a landlord reference from her, so tell her she can sort out decorator quotes after you've moved out. As long as you're paying rent, you have the right to quiet enjoyment of the property.
Thank you! Yes, no reference needed :)
Don’t let them in at all. She can deal with it when you leave.
If you're leaving in 12 days say it's not convenient, surely she can wait a couple of weeks.
Lovely she was prepared for the house to be run down while you're in it, but wants to spruce it up for a new tenant.
Yeah this element is giving me a bit of rage to be honest!
You’re in for a big payout, congrats! 😬
There is always 2 side of the history, everyone has their obligations and 2 wrongs does not make 1 right. Having the work done in the evening as the only option to do non essentials work in my view is not right. She has the right to decorate the place, at YOUR convenience. If you are in notice to leave, that means 1 month I guess? Just say you do not want any work at evenings, full stop. I would not bother talking much about that with her, it is not really a problem you should worry about in my opinion. Shame the relationship went a bit bad, I even put a projector and a drop-down screen on one flat to not disturb the view of the park for one flat with a large floor to ceiling window, but that me is doing what I wished a landlord did for me back when I was renting.
She does not have any right to redecorate at all. It is his home and he is under no obligation to allow her access for redecoration. To do it now she relies entirely on the tenant’s good will. Or she can wait and do it when the property is empty.
OP: I would just say no. She has no rights of entry for redecorating, and also does not have the means to make your life difficult, because she did not protect the deposit.
If the place has condensation problems, and has mould, that decoration work should be allowed. I don't see how you can't allow it. It all needs to be reasonable in my view interpreting the rules.
Well, your interpretation of the rules isnt the actual rules.
Also, read the goddamn post properly.
She wants decorators round for quotes to do the work after he has vacated.
If the tenancy is ongoing and the decoration is to do with condensation etc, then it would be wise and sensible for the tenant to cooperate, of course. But the LL has been a pain and tenant is now moving out. LL wants to redecorate just to minimise the time gap before another tenant. This is not the current tenant’s problem.
Looks like rent will be going up to the maximum permitted amount as soon as the tenancy goes into rolling contract...
Eh? The tenant is moving out.
They are often moving out... until they are not.
I promise I’m moving out
Thats what they all say...
It’s a bot