Tenant’s Disrepair Claims After 11 Years – A Landlord’s Nightmare?
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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Member Since March 2025 - Comments: 1
12:42 AM, 7th March 2025, About 1 year ago
I am sorry for your situation.
We have also been in a similar situation, and yes it absolutely can affect your claim for possession.
The tenant is claiming disrepair which IS a defence to your possession claim.
You may need to prove there isnt disrepair before you are granted possession.
Just because you are at this stage you will still need to actively try to complete works that required as part of your landlord duties
Please get any professional help you can for this.
Try your landlord insurance as you may be covered for legal defence claims.
Member Since March 2025 - Comments: 2
5:50 PM, 7th March 2025, About 1 year ago
Hi, please follow councils advise and complete works schedule within reason. Replacement of worktop because of minor scratches is overreach, on each item matter you can always ask the Environmental officer which HRHSS standards he is applying for you to carry out those works and you can investigate the actual wording of those standards and challenge back.
Secondly if FORM 6a is served prior to before any improvement order is issued, eviction notice remains valid. Sounds of it, You haven’t been served with improvement order yet but disappear case is another matter where council officers observations and comments on serious disrepair will strengthen Tenant case not stopping the eviction on Form 6a
But getting compensation out of you but then that has to be counted separately to see if Tenant has been notifying you as they are supposed to under the terms of the tenancy agreement and et cetera, et cetera
Member Since October 2022 - Comments: 402
6:43 PM, 7th March 2025, About 1 year ago
Reply to the comment left by Landlord Angel at 07/03/2025 – 17:50
Good advice, personally I would use s21 and separate proceedings for the cash
Member Since January 2025 - Comments: 16
2:41 PM, 8th March 2025, About 1 year ago
Reply to the comment left by Landlord Angel at 07/03/2025 – 17:50Thanks for your input. improvement Notice is yet to be served. Section 21 was served in July 2024 , possession claim in November 2024. The Judge tried to strike out case on the basis that I held more than 5 weeks deposit however that deposit was collected in May 2014 and year after that it has been running on periodic terms. I made an application N244 to restore claim and provided Judge with case law that Tenants fees act 2019 is not retroactive. My application is due to be heard next week and if successful substantive possession claim will be decided in same hearing. I am confident that will be the case. Someone from Property118 helped me prepare that restoration and I had it checked by barrister and he agrees that Section 21 is Valid and Tenancy Fees Act is not retroactive. The only trouble is that I am up against difficult tenant, Council and Judge all 3 parties are against me. The Judge should have had awarded possession claim based on paperwork but he made me spend £303 and deliberately stalled the process.. In my view Judges are briefed by government.
Member Since October 2022 - Comments: 403
3:54 PM, 8th March 2025, About 1 year ago
Tenant Fees Act 2019 became retrospective 1 June 2020 (Gov.uk website)
Member Since January 2025 - Comments: 16
4:56 PM, 8th March 2025, About 1 year ago
Reply to the comment left by Kizzie at 08/03/2025 – 15:54
From June 2020 it applied on existing tenancies but excess amount does not need to be refunded clearly stated in Government guidance.
So in layman terms you can not demand more than 5 weeks deposit after 1st of June 2020 nor do you have to refund excess amount as deposit was collected in May 2014 not On or after 1st of June 2020.
Member Since January 2025 - Comments: 16
5:01 PM, 8th March 2025, About 1 year ago
Reply to the comment left by Kizzie at 06/03/2025 – 11:45I had sent it via registered post hence based on evidence provided judgment was set aside. Read the words deliberately as other fellow landlord corrected you.
Member Since January 2025 - Comments: 16
5:12 PM, 8th March 2025, About 1 year ago
Reply to the comment left by Kizzie at 08/03/2025 – 15:54
Here refer to page 39 and see excess amount for tenancies signed pre 1st Of June 2020 does not need to be refunded.
https://assets.publishing.service.gov.uk/media/5f745d69d3bf7f287328e5a5/Tenant_Fees_Act_-_Tenant_Guidance.pdf
Member Since March 2025 - Comments: 2
5:46 PM, 8th March 2025, About 1 year ago
Reply to the comment left by Jaz Jaz at 08/03/2025 – 14:41
Hi Jaz, you will be ok next week and you will be granted possession as its mandatory for judge to do so, also provided before pre-issuing section 21 all compliance were ticked off, also your research is correct on periodic tenancies on deposit holding restrictions from 2020. I am assuming you never granted NEW AST to this tenant after tenant fees act 2019 became active.
Also I believe if judge previously strike off is only on basis of non-compliant deposit holding, Judge can’t come up with other reasons i.e improper serving or lack of safety certificates
Also, this eviction can’t be deemed as revenge eviction on part of the landlord as no improvement notice was served on yourself.
Member Since January 2025 - Comments: 16
6:38 PM, 8th March 2025, About 1 year ago
Reply to the comment left by Landlord Angel at 08/03/2025 – 17:46
Many thanks for your response. You are absolutely correct I did not grant any new tenancy it became periodic well before Transition period in May 2015 to be precise. I was shocked as to why he struck case out on order he stated we made decision based on what is available to court. Now in response to my N244 application judge has stipulated on hearing letter “Substantive Possession case will be heard if application is successful in same hearing. As I referred to case law as well as made clear that Tenancy became periodic before 1st of June 2019 and transtion period June 2020.