Landlord wants to redecorate our flat while we still live here - what are our options?

Bekkkkk

We live in a very small 2 bed city centre flat and have been living here for almost 3 years. Our recent 12 month contract ran out and we are now on a rolling contract. 

The flat was in a bad state when we first moved in with moth-eaten carpets and scuffed walls, but the location and balconies won us over and we just hid it with furniture. We have 2 bathrooms and about 18 months ago the en suite shower started leaking all over the floor due to poor grouting, causing widespread water damage leaking through to the wardrobe behind the bathroom and causing mould everywhere, so we no longer use the shower. Our letting agents have been very poor and despite us flagging the issue multiple times, nothing has ever been done. Recently our landlord reached out to us directly and said that the letting agents are awful and he will be changing them soon. 

He also said that he was going to redecorate the whole flat (painting and carpets), including the bathroom, and wants to increase the rent by £80pm to cover this cost. We didn't ask for this, we simply wanted the bathroom to be repaired and can't help but feel that this is a way for him to recoup the cost of the bathroom which surely must be 'wear and tear' that a landlord should cover. At the very least we've been paying for a 2 bathroom flat for 18 months with only one fully working bathroom so I'd hope that would cover it.

At first we were positive and receptive to the idea of the house be redecorated and didn't mind the increase in rent for a nicer flat, but I work from home and the flat is tiny so I asked the new letting agents if they could complete the work over Christmas while we go home to see our family to minimise disruption. I didn't hear anything from the new letting agents, and today received a message from my landlord saying he would start work in November. This is the first we've heard of it with only a few weeks' notice, there has been no talk of reduced rent or offering to put us up anywhere, or of specific dates when we can expect the work to begin. The letting agents have gone AWOL, presumably because the landlord is between contracts. We are in local lockdown and are worried we have nowhere else to stay and will be trapped in a messy flat with paint fumes day in, day out for however long it takes. The landlord is acting as if he's doing us a favour but considering we never even asked for this, we're now left feeling that we have no control over this situation and like we may be being taken advantage of.

Could anybody advise us as to our rights? Can we ask the landlord to complete the work on our terms instead of his? Does the landlord have to provide somewhere for us to stay or is that down to us?

Thanks so much.

greatcrested

How long do you want/plan to stay?

Would you like tohave a nice refurnished flat to live in?

Is it worth extra rent to you to get this?

Your rights:

1) refuse access. Don't permit the work to happen. Expect to receive a S21 Notice which means that assuming it is served validly, you will be evicted in about 9 months..... (see link below). Consider changing the locks just in case the contractors simply arrive with a key....

2) negotiate on the rent. See if you can get a new 12 month fixed term contract at, say £40 pm more than now. Agree to put up with the disruption since you will benefit from the nicer flat

3) allow the access and renovation, but refuse the £80 pm increase. Expect to receive a Section 13 Notice to incrase the rent. This can be callanged if its above local market rents (see link below)

4) agree both the access/renovation and the new rent, but negotiate zero rent or 50% or whatever for the duration of the work.

Post 5: Rent increases: when & how can rent be increased?

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Comms69

You can say yes, or you can say no. 

Bekkkkk

Comms69 said:

You can say yes, or you can say no. 

Is it as simple as that?

Apologies if the post is a bit stressy/we seem a bit clueless- we just want to avoid a fight as it's been a tiring year so want to be well-informed before we enter into any discussions with the landlord.

Basically we are happy to have the flat redecorated and to pay extra for this, but either want to control when this happens to avoid the worst of the disruption to my work, or to find out if we are entitled to ask for any plan B options like a reduction in rent during that period or a place to stay elsewhere.

Stubod

..I would not want any tradespeople spending significant time in my house during covid?

Bekkkkk

Stubod said:

..I would not want any tradespeople spending significant time in my house during covid?

A valid point!

princeofpounds

Yes, it basically is that simple. You control access to your home. The landlord has some statutory rights of access, and probably you have agreed some contractual rights of access too, but they have to go to court to enforce that.

However, that doesn't mean there is much effective penalty if they do enter your home without permission, so change the lock barrels if you want to enforce it fully. 

The landlord can also choose whether to extend or terminate your tenancy at the end of the fixed term, so having said all that you don't really want to be in a situation where he pays for trades to turn up who then can't access the property. You don't want to be in that situation either.

Nor can the landlord change your rent within the fixed term, except by mutual agreement. After the fixed term ends - when you are on a rolling periodic tenancy - he can only do so with the proper Section 13 notice. Or, at the same point, he can present you with the choice of signing a new tenancy or terminating your old one. So nothing can be forced on you that changes the agreement you've already made. 

Generally however, if he wants to recoup his costs - any costs - by charging more rent he is free to do so through the appropriate methods. And you are free to leave, at the appropriate time, if you can get a better deal elsewhere.

So the best thing to do is to get hold of him and talk it through properly.
- Make the point that you've been trying to get hold of him again but it seems the agents have not passed your response regarding scheduling.
- Say that the plan to do a full redecoration is welcome but the wrong time. Due to covid/important work/whatever.
- Say that you are happy to get the functional bathroom fix done, but that the redecoration should be postponed to a more suitable date. Suggest an alternative, if you can.
- If he gets pushy about the date, say that you're sorry it's inconvenient, but there hasn't been any consultation with you and it simply isn't going to be possible.
- If he brings up the rent question, say that you'll only consider paying a further amount after redecoration (and only then if you actually agree to it).

Bekkkkk

@princeofpounds thank you for such a helpful response, it's cut through the slight panic we were feeling that the landlord might just turn up one day with a bunch of traders one day whether we liked it or not! We don't want to seem ungrateful for his offering to spruce up the place but it's just come at a bad time and after a history of challenges since living here.

It's good to know that we have some say over what happens to our living space. We'll try and open up a conversation and explain the situation as you've described. Thanks again x

se2020

You have every say with what happens to YOUR living space.
You pay rent and have a tennency,  this gives you pretty much the same rights as a home owner over what happens there.
Anything that can not be mutually agreed between you and the landlord can only happen by the landlord getting a court order to make it happen. 
Obviously you dont want to be messing about and letting it go that far. And you don't want to annoy the landlord so much they end up kicking you out after the work is done anyway.

If it was your own home and you had to arrange for the electrician,  plumber, tiler and carpet fitter to all come in the same week then the chance of you also being able to choose what week it was would be zero. 
If the landlord has multiple properties and the trade persons do a decent amount of work for them then landloars is in a much better position to get them at the same time than you would ever be. If you have never employed workmen before I bet you would have very little chance of getting a flat redecorated in less than 4 weeks trying to book them yourselves!

Personally, I would compromise by saying I would go along with having the work done when it suits him, provide tea/coffee/biscuits for the people doing the work so they do a bit more than just the bare minimum and maybe mention to the landlord that the property has been below standard for the last 18 months so it feels unfair to be paying extra for it being back up to standard now. I would ask they would meet at £40 extra a month for the next 18 months at least. 
It does not even sound like the work will inconvenience you that much. At least you have 2 bathrooms so they can do one while you can still use the other.

Mojisola

Bekkkkk said:

@princeofpounds thank you for such a helpful response, it's cut through the slight panic we were feeling that the landlord might just turn up one day with a bunch of traders one day whether we liked it or not!

If you haven't change the door locks, this might happen.

pinkshoes

If you want the work doing and are happy to pay the extra £80 pcm then ask for a breakdown and what will be done and when. How long the work will take. Make it clear that you work from home you will need a schedule of which room is being done and when, so you can swap rooms to work, or provided with an alternative place to work for the week.

Or just say no thanks...

Or find somewhere else to rent and move before the work is done.

By the sounds of it the LL now knows the condition of the flat is rubbish and has got worse due to the shower leaking, so is doing something about it.