Background: Tenant’s experience with broken landlord promises

A tenant in England entered into a tenancy agreement with a landlord, paying a full rental amount. Prior to moving in, the tenant requested a bed with storage and built-in wardrobes, which the landlord agreed to in writing via email, promising the works would be completed before the tenancy began.

However, upon moving in, the tenant found that these agreed works had not been carried out. Over the following four months, the landlord repeatedly delayed and was unresponsive for periods of five to seven weeks. Attempts by the tenant to withhold rent were met with eviction threats, prompting her to pay rent on the condition that the landlord would fulfil the agreement.

Despite this, the landlord arranged for the works to be done over four months late. On the day of the scheduled work, the landlord informed the tenant minutes before the contractor’s arrival that the contractor was unable to attend due to an emergency, a claim the tenant doubts based on previous behaviour. The tenant remains unable to properly organise her belongings due to the lack of storage, despite paying full rent.

Legal context: tenant rights and the Renters’ Rights Act 2025

This situation exemplifies why the Renters’ Rights Act was enacted. From 1 May 2026, tenants will be able to give two months’ Notice to Quit and leave without penalty, even during fixed-term tenancies, as the Act abolishes fixed terms. Additionally, a landlord’s Ombudsman service will be introduced to handle complaints about landlords failing to meet their obligations and agreements.

Currently, however, tenants remain bound by fixed-term contracts and must continue paying rent during this period. The tenant in this case presumably remains liable for rent until the Act comes into force.

Deposit protection and withholding rent

The tenant’s deposit of £1,500 must be protected in a government-approved scheme. If the landlord has failed to protect the deposit, the tenant can seek its return through the courts and claim a penalty of up to three times the deposit amount.

While the tenant is technically not entitled to withhold rent despite the landlord’s breach of contract, withholding rent is understandable in such circumstances. The landlord’s threat of eviction on grounds of rent arrears would likely fail because the tenant could counterclaim for compensation due to the landlord’s failure to complete the agreed works.

Legal proceedings over rent arrears would be lengthy, and the tenant might vacate before a court hearing, making eviction unlikely. If the tenant withholds rent, it is advisable to keep the withheld money separate and inform the landlord that payment will be made once the works are completed, potentially motivating the landlord to act.

Disputes over deposit deductions and evidence

If the landlord claims withheld rent from the deposit, the tenant should refuse adjudication through the deposit scheme, as adjudicators cannot resolve disputes over rent withholding related to landlord breaches. Instead, the dispute should be taken to court, where the tenant would likely succeed.

It is crucial for tenants to keep detailed records of all promises and broken promises regarding agreed works. Such evidence is essential if the tenant needs to justify withholding rent or contest deposit deductions.

Implications for landlords and letting agents

Landlords and agents must understand the importance of fulfilling contractual promises to tenants, particularly regarding agreed property improvements or furnishings. Failure to do so risks disputes, potential legal action, and damage to reputation.

With the Renters’ Rights Act coming into effect in May 2026, landlords will face increased accountability, including the possibility of complaints to an Ombudsman. Protecting deposits correctly and communicating transparently with tenants are vital to maintaining good landlord-tenant relationships and avoiding costly disputes.

Suggested internal link anchors

• Renters’ Rights Act 2025
• tenant deposit protection
• withholding rent
• landlord obligations
• tenant eviction process
• landlord Ombudsman service
• fixed-term tenancy
• tenant compensation claims
• deposit dispute resolution
• landlord-tenant contract breaches

TLA update

TLA is launching a new Trusted Partners Hub in Q1 2026, featuring verified and approved service providers selected to support landlords, tenants, and property management businesses. We are inviting legal, trades, insurance, financial, mortgage, tenant screening, and other service providers to register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/