Tenant’s Disrepair Claims After 11 Years – A Landlord’s Nightmare?

Tenant’s Disrepair Claims After 11 Years – A Landlord’s Nightmare?

9:22 AM, 6th March 2025, About 2 months ago 23

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I have been renting a flat to a tenant who has occupied my property for 11 years. Over this period, I have only increased the rent twice, and each time I have done so, the tenant has responded with a series of disrepair complaints.

The latest rent increase took effect in June 2024. In July 2024, the tenant lodged a complaint with Environmental Health, but I was unaware of this at the time. When I contacted the Council last year, I was assured that there were no active complaints. However, when I reached out again recently, I discovered that the tenant had initiated a court claim.

Shockingly, I never received any paperwork because the tenant deliberately sent it to my old address. Thankfully, my mail was being redirected, and I eventually received notification of a default judgment against me.

Upon realising this, I submitted an N244 application and successfully had the judgment set aside due to improper service of paperwork. However, the case is still proceeding, and I am currently awaiting the Court’s next order.

In July 2024, I served a Section 21 notice to regain possession of the property. By November 2024, I had submitted an accelerated possession claim. The hearing is now scheduled for March 18, 2025.

At the time of filing my possession claim, I was unaware that the tenant had already filed his court application. Furthermore, the Council had never notified me of any active complaint.

Upon recently contacting the Council again, I was informed that the tenant’s complaint dates back to June 2024. An officer was assigned but did nothing, and the matter lay dormant after the officer left in December 2024. However, due to my recent inquiries, the complaint was reactivated, and the Council carried out their first inspection on February 25, 2025.

Now, the Council is pressuring me over trivial issues such as door handles, light bulbs, minor scratches on the worktop, and loose locks. Despite this being a purpose-built flat, they are also demanding insulation, retrofitted vents in rooms, and even the provision of a fridge-freezer under the Housing Act 2004.

It appears that they are simply catering to the tenant’s wishlist rather than focusing on genuine disrepair issues.

The Council has warned that if I do not comply, they will initiate a formal process, incurring a charge of £700. Given that the possession case is already in court, I am concerned about whether the Council’s involvement could negatively impact my case.

I would appreciate insights from fellow landlords:
1. Can the Council legally enforce these additional requirements when the case is already in court?
2. Could this impact my ongoing possession claim?
3. Is there a way to challenge the Council’s actions, considering their delayed response and the seemingly unreasonable nature of their demands?

I look forward to your advice and experiences dealing with similar situations.

Jaz


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Comments

Chris @ Possession Friend

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9:55 AM, 6th March 2025, About 2 months ago

I suggest you contact us, soon.

Person Of The People

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10:06 AM, 6th March 2025, About 2 months ago

I'm genuinely shocked. In a functioning market, a dissatisfied tenant would simply take their rent elsewhere until landlords adjusted to meet demand. But in the UK, a failed economy and society mean tenants can neither afford to buy nor rent—unless a landlord, risking their hard-earned, after-tax capital, steps in to underwrite the shortfall.

And what does the government do? Pass laws that make landlords responsible for tenants who can't generate enough income to meet their housing aspirations and won't relocate to an area they can afford. This is Labour socialism on steroids with redistribution of wealth by regulations to avoid them being accused of being a high(er) tax party—and we’ve got at least four more years of it.

K Anon

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10:20 AM, 6th March 2025, About 2 months ago

sorry to hear your hell. Not the only one unfortunately.
1. get the repossession underway with Chris at possession friend or other reputable service provider.
I don't know them or anything but they know what they are doing, you don't. Believe me you think this is bad, it can get worse and you are floundering. I could only do a S8, not a S21 and it was an absolute minefield and financially ruined me so you are lucky there.
2. Set aside some funds and accept you will end up out of pocket. As for the council, keep them super sweet, you should be proactive not rebut what they say. They trump you so embrace them through gritted teeth.

Tenant and their solicitor, they are trying to corner you into a dilapidation claim which is normal fodder for S8 but not so normal with S21 BUT if they get over the line with it then it will ruin you so get possession done by expert (see point 1.)
Good luck. Post back for others to know/update.

Jason

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11:06 AM, 6th March 2025, About 2 months ago

Sounds to me like there is a lot more to this story that you have summarised and only a professional in this area is your best step forward.

Kizzie

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11:45 AM, 6th March 2025, About 2 months ago

My only contribution to the debate is to note that as landlord you had not served Notice via registered post on your tenant of your change of address.

You also must not have changed your address on your title at HMLR.

So if your tenant wanted to report repairs was prevented from doing so, and the rent paid into an account with the old address which the bank did not challenge because the account still with old address.

Are these the reasons why the rent only increased twice in 11 years?

Nikki Palmer

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12:13 PM, 6th March 2025, About 2 months ago

Reply to the comment left by Kizzie at 06/03/2025 - 11:45
Not changed address with the Land Registry and tenant unable to report repairs? Where have you got that information from?

The original post says that the tenant deliberately sent it to the old address - that would indicate they were aware of the new one. I also have never heard of a tenant actually signing for registered post.

Blodwyn

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14:49 PM, 6th March 2025, About 2 months ago

This is appalling, not the only reason wht LLs are leaving.
You have my total sympathy.

Person Of The People

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15:11 PM, 6th March 2025, About 2 months ago

This approach will split the market. Landlords will cater only to tenants who can comfortably afford quality accommodation—those who have the means to move elsewhere if a landlord fails to meet reasonable expectations. Meanwhile, those struggling to afford their tenancies will eventually be pushed into housing purchased by councils.

Over time, councils will once again mismanage their housing stock, leading to another Thatcher-style sell-off. But before that, they’ll be forced to buy properties at open-market prices, which will remain propped up by mortgage availability and rates.

Interesting times ahead—all driven by Labour’s relentless socialist dogma.

K Anon

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15:27 PM, 6th March 2025, About 2 months ago

I am not a labour fan, nor cons either but this situation is not something new.
What is unusual is that the "sure as night follows day" dilapidation counter claim that follows a S8 they are doing this, in this instance, with a S21, which is no fault 8 weeks you get your property back.
It looks to me like they have realised the OP (sorry, OP but its true) is lapse and not especially proactive so they will get the dilapidations in before the S21, then it will be expensive and messy.
I think post #1 is the best route. Don't sit on it, think about it or come back to it, you are sliding down a slope.
As for the rest of us, once S21 no fault is gone then it gets tougher but then again not all tenants are like this.
Normally its DSS wanting a council house, take private option then engineer issues to be evicted through 'no fault' at which point they become homeless and now the council must step in. Jump the waiting list. I actually had one once tell me she wanted to be evicted, alas I didn't learn and got caught 2 years later with another much worse one.... I will never take on a DSS ever again ever
Why do you think they want to ban S21.
Now its just got a lot harder to become homeless and jump the queue, if you are at fault the councils are NOT obliged to step in and help you.
So shelter got what they wanted.... but... eeek !

David Houghton

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21:41 PM, 6th March 2025, About 2 months ago

My first question is what is the hazard scoring for these supposedly minimal items. If it's so easy to change a light bulb do it to show willing. An improvement notice can affect an s21 claim, but the appeal process to an improvement notice can mitigate that.Not necessarily an area for the uninitiated though

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