withholding rent

[minxyminx]

Hi, my landlord has not done some repairs despite me complaining since 2005. The damage is now worse. I have two questions.

Can I legally:

1) Withhold rent payments until the repairs are fixed.

2) Make the repairs myself and take the landlord/agency to court to recover costs?

In January 2005 the garden fence was damaged in bad weather. I phoned the agency several times telling them it needed fixing. I also complained during each periodic visit they make of the property and the lady from the agency wrote down my complaint during each visit. Absolutely nothing was done.

Then in January 2007 the fence completely fell down in bad weather. I phoned the agency to inform them and they sent someone to evaluate the cost. He stated that the whole fence needed fixing. Again nothing was done. I contacted the agency after several weeks and they sent another person to evaluate and again he said the fence needed total replacing. Nothing was done. I complained yet again during each house inspection and again the complaints were written down and still the fence has not been replaced.

I finally wrote a letter at the weekend stating that I would be witholding the rent or alternatively paying for the fence myself and recovering the costs from them.

The agency left a message on my phone this morning stating that I could not legally withold rent and that fixing the fence myself will be a waste of money.
There is no argument that it is the landlords responsibility to repair the fence but he just hasn't done it.

[MrShed]

You definitely cannot withhold rent in the way you describe. However, you can get them to pay for it if needs be. Why have the said they have not repaired it?

[MrShed]

To retrieve the costs:

- Write to landlord stating he has 14 days to repair.
- If no response, write giving 7 days to action the repair. State if no repair made, you will have it repaired at your own cost and you will deduct it from the rent, as is your legal right of offset.
- Still no repair, get 3 estimates, and perform the repair at the middle estimate. Send a copy of the receipt and deduct this amount from the rent.

Hope this helps.

[Esio Trot]

For a owner of property there is no obligation to fence the boundaries.

My understanding of your legal situation as a tenant is that you can require the landlord to replace fencing, but only if it belongs to the landlord and you have the fence listed as part of your inventory and condition documentation when you moved in.

[MrShed]

Sorry yes Esio is totally correct - should have mentioned that.

By the way Esio, do I remember seeing you on LLZ a while back? I'm sure I recognise the handle is all!

[Esio Trot]

Originally Posted by MrShed

By the way Esio, do I remember seeing you on LLZ a while back? I'm sure I recognise the handle is all!

That's right, I'm fairly regular.

I've learnt so much from LLZ, this site and others. If I can give even a little back from the help I have been given, I am pleased.

[minxyminx]

Hi guys. Thanx for the help. I wrote the letter and the landlord now says he'll fix the fence. I think he was worried about me getting someone expensive to fix it. I never said why he was delaying fixing it before. Just kept saying it will be done and somehow 2years went by. lol


Thanx again.