Following on from our Home page list of landlord malpractices, let's look at these and other tenants' complaints in more detail. Remember, these practices are not necessarily outside landlord-tenancy law but are morally questionable when used unfairly against tenants.
This is a sensitive issue as you can be tied to an agreement for three years or more with the threat of a County Court Judgement (CCJ) hanging over you should you breach the contract by upping and leaving without the landlord's written consent.
When combined with a self-replacement scheme, some landlords use long fixed terms to their distinct advantage by throwing the onus on you to find a suitable (to the landlord) replacement, which may ultimately prove problematical.
Why on earth would you want to commit to such an unfavourable one-sided agreement ? Well, in the present rental market attractive London lets in up-and-coming fashionable areas are like gold dust and are snapped up within hours of first being advertised. For those desperate to find rented accommodation quickly, a long-term tenancy agreement may seem better than none at all.
To appease the tenant a smooth-talking landlord may misrepresent a self-replacement scheme as a safety net to the applicant when in reality it proves to be a burden. See Tenant replacement scheme.
As an alternative to the more customary 'break' clause (such as 6 months) in the tenancy agreement, this is a ploy used by the landlord to maximise profits. It pushes the responsibility and cost of finding a replacement on to the sitting tenant.
If you wish to terminate your contract early then this may be the only means without breaching the agreement. The cost and effort of advertising the room/flat, often at an inflated rental price above the going market rate (and fixed by the landlord), may fall to you. And even when you do find a replacement the landlord has the power of veto to decline the candidate.
This can be a most anxious and frustrating experience.
The rogue landlord will be well practised in spinning a yarn, evading the truth, highlighting the good, and concealing the bad - the same techniques used by the dodgy car dealer.
Their suite of deceptions include:
- concealing faults and defects in the property (a heavy wardrobe does this very well).
- talking up parts of London as 'safe', when they are clearly not. Prospective tenants from outside the capital may take this information at face value.
- coercing prospective tenants at the viewing to pay the admin fee up front, in cash or via a PayPal app. And yes, tenants have even been walked to the cashpoint by the landlord to secure the tenancy. Incredible, isn't it ? Weren't these 'Dead Sea' pressure tactics exposed and stopped years ago.
- misrepresenting the contract contents, monthly bills etc.
- marketing the Tenant Replacement Scheme as in the interests of the tenant when in truth, the tenant becomes a fundamental part of, and complicit in, the process of mis-selling to the next victim.
- withholding the tenancy agreement until the very last moment, that is, when the admin fee has been paid; bags, boxes and belongings are already packed ready to move in; transports have been arranged; and the tenant has no alternative but to sign that fixed period contract.
The admin fee should be a charge which covers the landlord's costs of performing an applicant's reference and credit checks. However, some landlords see it as an extra means of income.
There have been instances where candidate tenants have 'failed' the checks and then had to go to great lengths to have the fee returned.
Conversely, if the applicant is successful the fee may be deemed 'non-refundable' even though no evidence of a reference check is available.
A deposit protection scheme, such as MyDeposits.co.uk, safeguards your deposit and ensures it is returned to you if you are entitled to it. The scheme was introduced to help prevent landlords unfairly keeping tenants' deposits at the end of the tenancy.
The rogue landlord will do anything to keep hold of your deposit. There may be clauses in your contract which spell out the penalties to be incurred in the event of a breach of these. Don't be misled. You can challenge the landlord’s decision to withhold the deposit through the deposit protection scheme's alternative dispute resolution service. They have the power to declare such contract clauses as unfair or invalid.
Rogue landlords use avoidance strategies when dealing with tenant complaints. Ignoring phone calls, text messages and emails is a familiar tactic to keep the unhappy tenant at arm's length. Going absent for inappropriate periods and not providing alternative contact details - communication is the least of the rogue landlord's priorities.
This is a more serious issue. Landlords are obliged by law to provide a safe and secure environment and yet it is the one area where the rogue landlord is often negligent. It is also an area where the landlord can be legally challenged.
Landlords have a duty to ensure the equipment for supplying water, gas and electricity is in safe working order. They are legally obliged to ensure the safety of tenants at all times.
They must get a gas safety certificate for every gas appliance they provide, ensure that any necessary work identified by gas engineers is carried out, ensure furniture meets fire safety standards and ensure electrical fittings and equipment provided is safe.
Your landlord can't come into your home whenever they feel like it, and they should give you reasonable notice and arrange a suitable time if they need to visit (minimum of 24 hours).
We have experience of a landlord who would let himself in during the day to conduct viewings, store personal belongings and so on without giving any notice to the tenants. When challenged, he asserted his right as 'landlord' to come and go as he pleased.
If you feel your landlord is failing to comply to his legal obligations, or is infringing your rights as a tenant, go to our What To Do page for advice and information.