Can he stop paying rent?

nala67

Hi there,

my brother has privately rented a property for the last few years. His contract had terms including a maximum rent increase. The contract is old now and so he is technically on a rolling contract I assume. 

My brother wants to stay in the property until the latest September. In September a court case is taking place with my brother as a witness. He will either move to a different area after or decide later but will NOT stay in the property regardless. 

A few things have arisen. To note, my brother is a vulnerable adult and has been on UC with housing benefit for the past few years due to disability preventing work.

- He always pays rent on time
- The rent is still a reasonable amount for the area and property.
- the landlord regularly lets himself in without permission and my brother finds out by a note in his kitchen saying something or has been in the bath and seen the landlord peering into the window to the property to see if anyone is in.
- boiler is not regularly serviced.
- second bedroom is unusable due to being FULLY covered in black mould
- other issues include broken tiles due to wear and tear, water damage etc which landlord has failed to repair
- landlord recently let himself in and told my brother he will begin doing the works to the property as he wants to put the rent up £200 - this is 30% increase and against the maximum increase stipulated in the original contract
- there is no deposit protection scheme
- he cannot always get hold of landlord as he regularly changes his number
- all landlord’s post comes to the property as he has not changed address 

NOW what has transpired is my brother received a letter to the “occupier” from the council. It explains that they believe it could be rented out and if so it requires a licence which he doesn’t have. As a result, it states that the landlord cannot use section 21 etc. given this new discovery, does he even need to pay rent?

My brother needs to know what next action to take. Eventually he will sue for the deposit not being protected but when should he do that? Considering he NEEDS to live there until September. 

I should mention the Landlord is not a nice and I can imagine him attempting to hurt my brother or throwing his stuff out / breaking the law. We want to be careful. 

Thanks, 

sourpuss2021

Is the property in an area where every rental has to be registered?

You should be able to find this on the local council’s housing pages.  

The property can’t be an HMO under any definition if your brother is living alone.   But I believe some councils do have blanket requirements that every single rental needs registering, even if they only have one occupant.

MultiFuelBurner

Your brother sounds like he needs someone like yourself to take control. A lot sooner than now if things have gone on for a long time. I wouldn't withhold rent until some facts are known.

Anyway just to let the landlord know you mean business 

Copy of the current signed tenancy
The EPC

Gas service certificate

Electrical certificate

You can lookup the EPC yourself on

https://www.gov.uk/find-energy-certificate

Asking for the above could result in two months notice from the landlord of course

Van_Girl

I'd also change the locks as a matter of urgency. Keep the original lock/s so that this can be re-fitted when the property is handed back

Your brother has every right to do this as the Landlord is accessing the property without the permission of the tenant, which he is not allowed to do

tacpot12

The letter addressed "to the occupier" seems bizarre as it is the landlord that requires the licence. I think he can safely ignore the letter as he doesn't need a licence to occupy the property (I assume he has a tenancy agreement?).   

He (or you on his behalf) need to take photographs of the state of the property, and make notes on when the landlord changes their number, and if they say anything notable, e.g. threatening him with violence. If the landlord is violent, your brother should report any assault to the police and get a crime reference number.

This landlord is the worst kind of landlord, and if your brother wanted to stay there in the long-term I would give him different advice, but given that he only wants to stay there until September I would advise that if and when he receives a notice that his rent is being increased, he (or you  on his behalf) write a letter to the landlord (which he signs) to say that he does not accept the increase, but offers what ever he can afford to pay extra upto the limit that the Tenancy Agreement says is the maximum increase. The letter should refer to the tenancy agreement. 

If the landlord tries to evict him legally, he will not be able to do so because of the lack of gas safety inspections and deposit protection. If he tries to evict him illegally, he will most likely do this by changing the locks. If he does this, you need to step in to record the fact that the locks have changed, and what communication passes between your brother and the landlord as he tries to get new keys. By coincidence that was a post on MSE about the an illegal eviction conducted by way of chanigng the locks and cutting off the water supply here: Unlawful eviction Appeal case — MoneySavingExpert Forum

Your brother could change the locks himself to prevent the landlord visiting at will, and does not need to give the landlord a key, but will save himself some noney if he does return a key to the landlord at the end of the tenancy. It's up to you and your brother to discuss whether it is worth changing the locks, given that it will provoke the landlord. 

ArbitraryRandom

tacpot12 said:

I would advise that if and when he receives a notice that his rent is being increased, he (or you  on his behalf) write a letter to the landlord (which he signs) to say that he does not accept the increase, but offers what ever he can afford to pay extra upto the limit that the Tenancy Agreement says is the maximum increase. The letter should refer to the tenancy agreement. 

Just to add to this, technically if the landlord is just 'saying he will put the rent up', your brother doesn't have to do anything at all at the moment. It's only if he is given some actual notice that he needs to point to the contract and refuse. 

I would also echo the suggestion you change the locks (there's several videos on youtube showing how to do it, it's quite simple with most locks) but be aware that as soon as you start to take any noticeable action, this is when the landlord will react (perhaps negatively) - so perhaps if the intent is to buy time until September, change nothing yet until the notice of increase is actually received? 

I would further suggest, as well as this forum, your brother (with you if you can) attend a local citizen advice drop in to discuss your specific situation in relation to the rules in your local area and any support that might be available - and take the letter your brother received. 

If nothing else, the local PCSO might attend or have a relationship with the local citizen advice, so you can advise them now you are concerned re possible illegal or unpleasant consequences if your brother seeks to enforce his rights under the contract. They don't get involved in 'civil matters' but can and do record reports of harassment or aggression. If you can get them on side and explain your brother is vulnerable/scared then the PCSO might give you their number and say you can call if something kicks off - they might then 'just happen' to be in the area to help deescalate things. 

anselld

Not a good situation but none of the issues are legitimate reasons to stop paying rent.  Withholding rent just hands back an eviction card to the Landlord.  Section 8 for rent arrears is quicker than s21 and is not negated by the licensing and maintenance issues.

sourpuss2021

However if the property does not have the license it requires, then the tenant will be able to claim a full year’s rent back from the landlord under a Rent Repayment Order.

So definitely important to clarify whether there is in fact a requirement that all rental properties in this particular area need licensing even if they only have one occupant.

_Penny_Dreadful

nala67 said:

Hi there,

my brother has privately rented a property for the last few years. His contract had terms including a maximum rent increase. The contract is old now and so he is technically on a rolling contract I assume. 

My brother wants to stay in the property until the latest September. In September a court case is taking place with my brother as a witness. He will either move to a different area after or decide later but will NOT stay in the property regardless. 

A few things have arisen. To note, my brother is a vulnerable adult and has been on UC with housing benefit for the past few years due to disability preventing work.

- He always pays rent on time
- The rent is still a reasonable amount for the area and property.
- the landlord regularly lets himself in without permission and my brother finds out by a note in his kitchen saying something or has been in the bath and seen the landlord peering into the window to the property to see if anyone is in.
- boiler is not regularly serviced.
- second bedroom is unusable due to being FULLY covered in black mould
- other issues include broken tiles due to wear and tear, water damage etc which landlord has failed to repair
- landlord recently let himself in and told my brother he will begin doing the works to the property as he wants to put the rent up £200 - this is 30% increase and against the maximum increase stipulated in the original contract
- there is no deposit protection scheme
- he cannot always get hold of landlord as he regularly changes his number
- all landlord’s post comes to the property as he has not changed address 

NOW what has transpired is my brother received a letter to the “occupier” from the council. It explains that they believe it could be rented out and if so it requires a licence which he doesn’t have. As a result, it states that the landlord cannot use section 21 etc. given this new discovery, does he even need to pay rent?

My brother needs to know what next action to take. Eventually he will sue for the deposit not being protected but when should he do that? Considering he NEEDS to live there until September. 

I should mention the Landlord is not a nice and I can imagine him attempting to hurt my brother or throwing his stuff out / breaking the law. We want to be careful. 

Thanks, 

No your brother should not stop paying the rent. That will only make it easier for the landlord to evict him and your brother is contractually obligated to pay his rent. 

As the fixed term appears to have ended your brother will have either a contractual or periodic tenancy. If it’s the former the rent increase clause in the original tenant agreement might still hold however if it’s the latter the rent review clause won’t still be valid but the landlord can easily issue a section 13 to increase the rent. 

https://england.shelter.org.uk/housing_advice/private_renting/rent_increases

I think it’s unlikely the landlord can issue a valid section 21 but you can use the link below to check. 

https://nearlylegal.co.uk/section-21-flowchart/

Are you, or another family member, able to help your brother change the door locks? It’s very simple to change the barrel in a lock using a screwdriver. The creep should not be letting himself into your brother’s home. I’d also report the landlord to the HSE if he’s not have annual gas safety checks done and I’d be reporting him to the council for the black mould. 

As well as suing for the deposit not being protected I’d also encourage your brother to go for a Rent Repayment Order. Write to whoever sent the letter to the occupier and confirm that the property is indeed being let. 

https://england.shelter.org.uk/professional_resources/legal/housing_conditions/private_sector_enforcement/rent_repayment_orders

FreeBear

tacpot12 said:

The letter addressed "to the occupier" seems bizarre as it is the landlord that requires the licence. I think he can safely ignore the letter as he doesn't need a licence to occupy the property (I assume he has a tenancy agreement?).

It might be an indicator that the brother isn't registered for council tax (that could land him with an expensive bill)..

Does the rent include council tax and/or any utilities ?

pinkshoes

1. Pay the rent as normal.

2. Attempt to clean the mould in the bedroom. He ought to he cleaning it on a regular basis.

3. Change the lock. Keep the barrel of the old lock.

4. Return all post addressed to the landlord "return to sender".

5. If council letter needs responding to then respond.

Where is he planning on moving to in September?