Can I withold rent?

[Salem1]

I moved into a flat in September, and have had a few problems with the letting agents / landlord.

 

When I viewed the flat, the supposedly secure outside post box was hanging off the wall so anyone could have picked up my mail. I was assured this would be fixed by that weekend when I signed the tenancy agreement. When I went to the agents to sign, I asked about the repair and was told it had been done, so I signed the agreement. When I went to the flat, the repair had not been made, so I phoned up and they assured me it would be fixed by the following Friday. This didn't happen, so I phoned again and was told it would be fixed by Monday lunchtime. Still nothing, so it took another phone call before I managed to get the thing repaired.

 

A few weeks later, I returned home form work to find a bunch of keys in the outside security door. Not only were these the keys to get into the building, but attached were the keys to all the individual flats in the block, handily labelled for burglars!! Someone from the letting agents had left the keys in the door. I complained, they apologised......

 

The past few weeks, the water has been going off. I've phoned the letting agent each time and told them. Sometimes it's back on within the day, sometimes not. My next door neighbour tells me he used to live in my flat, and said that this happened when he lived there, and it only happens to that particular flat, not to any others in the block. He said his water was off for almost 2 weeks last year, and that he just refused to pay the rent for that period.

 

I called the letting agent today (the water is off again!) and told them I don't feel I should have to pay rent for the days where I can't reasonably use my flat. They said if I withold any rent, the landlord will just arrange for the gas and electricity to be cut off. Surely this isn't right? I pay my rent in good faith every month, and yet I've had problem after problem - my security and privacy have been compromised, I can't have a shower or even flush a toilet in my flat periodically when there's no water.

 

I was planning to make a written complaint to the agents, but any further advice would be appreciated.

[andydd]

Hi. Im in process of suing my landlord for failure to do repairs, its a leasehold property but lots of the same laws apply.

 

Ive got lots of the laws n stuff saved on my PC so can dig them out if required.

 

To answer your question, yes, the law does allow for you to withold rent in the event of reapirs not being carried out.

 

However it is well worth reading CPR Pre-Action Protocols first reagrding repairs, see here..

 

http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_hou.htm

 

I found lots of good books about this in my library.

 

Andy

[NewSAHD]

They said if I withold any rent, the landlord will just arrange for the gas and electricity to be cut off. Surely this isn't right?

 

I was planning to make a written complaint to the agents, but any further advice would be appreciated.

 

No, it's NOT right and, yes, documenting this in writing is good.

 

First off though, can you please confirm

 

a) if are you in England / Wales?

b) check if your deposit is protected - if not, don't alert the Agent to same - and let us all know here

c) were you provided with an inventory / schedule of condition when you moved in?

d) similarly, do you have a gas supply / gas applicances and have they been safety tested?

e) is the Agent a small independant firm, or part of a larger chain?

f) is the Agent a member of any association, such as RICS, NAEA, ARLA, ARMA etc? Their website should say, but if you are uncertain feel free to PM me their details if you wish

g) is the Letting Agent also the block management Agent? There could be TWO different Agents to contact here

h) Last question, for now, as got to go... does anyone actually know what's causing the water problems, as that's got to be addressed by the Agent for the block itself, which may be a different Agent to one who let the flat

 

Reply back here and once you've answered those questions - and doubtless there will be others - I'm sure others will be along to help you draft a suitable reply for the Agent. With a copy to whoever else would take an interest in such matters, such as the local authority's tenant liason / Environmental Health department etc as appropriate

 

Do be prepared, however, to see your tenancy not being renewed

 

"the landlord will just arrange for the gas and electricity to be cut off."

 

Nope - and they are wrong on so many levels...

[Aviva]

Shelter states: "You do not have the right to withhold the rent, regardless of whether the landlord carries out repairs or not. If you do so, the landlord might try to evict you.

 

However, if you have strong tenancy rights (for example if you are an assured or regulated tenant) it may be possible for you to arrange for the repairs to be done yourself and deduct the cost from your rent - but this is not recommended.

 

If you want to take this course of action, it is absolutely essential that you follow the correct procedure; otherwise you could put yourself at serious risk eviction and you will still be liable for the rent - you will also be responsible for putting right any repairs that are badly carried out."

 

I have asked Andydd to post up the relevant law that states that rent can be witheld that he refers to in his post as this contradicts Shelter's advice.

[andydd]

Just re-read the book Im reading at the mo, ("Landlord & Tenant - Garner & Frith"). As for with-holding rent it can be a legal remedy.

 

I"Where a landlord is in breach of his repairing obligations, the tenant may carry out the repairs and deduct the cost from future rent - (Lee-Parker v Izzet - 1971 - 3 All ER 1099)"

 

So it would appear to apply only if you have actually done repairs.

 

However it does state that if a landlord sues the tenant for non-payment then the tenant could counterclaim for damages, damages could be awarded whether or not a tenant has done the repairs, but of course there may be a risk to the tenants tenancy in the mean time.

 

It goes on to make sure the tenant has informed the landlord and also (maybe) the court first.

 

However in my case (a leasehold property), i didnt inform the landlord, BUT as in my case it relates to an overgreown driveway (common land) it is clear that in law I was not obliged to.

 

Of course you can only do simple reapirs and before doing so you should endevaour to:

 

1. Inform the landlord

2. Follow the CPR Rules

3. Perhaps get a court declaration first.

 

Andy

[NewSAHD]

crossed posts

[andydd]

crossed posts

 

NewSAHD. Hiya.

 

Im in the process of suing my landlord for a breach of (lease) covenant over his failure to repair/maintain the driveway area, it has become overgrown, and have done quite a bit of research on this subject, but of course i am no means an expert !

 

I took it upon myself to do the work required to keep it tidy and I'm suing my landlord for the costs I've incurred.

 

The issue of witholding rent to re-imburse you for costs you have incurred doing repairs is mentioned in most books on the subject but i should make it clear, doing repairs and then witholding rent to cover the costs should really be the last resort, but I'm sure I'm correct in saying that it is a legal remedy should all other avenues fail.

 

I know mine is a leasehold property (a long term lease) and the property here is a short term one, however most of the same laws apply, althoughh there are some specific ones that only apply to short term leases and then others that only apply to long term ones.

 

Andy

[NewSAHD]

Aviva, thanks for drawing out the distinction here...

 

With regards rental properties, I've always worked on the principle that there was no such law, so always pay your rent, or put the money aside so you're able to do so later, but I see now that I've not made this clear - and your post and Andydd's shed further light on all this!

 

In the argy bargy of claim and counterclaim over disrepair, however, it is 'possible' to withhold rent and obtain rent free periods BUT it is down to the balance between a Tenant's negotiations and a Landlord taking a commercial view too

 

The problem with dealing with a rental property and, in particular, Assured Shorthold Tenancies and disrepair is the balance of power on the Landlord's side. Yes, Tenancy Deposit schemes help redress the balance, but, in broad terms, a Tenant of an AST can be out on two months notice. Time and time again it appears Tenants come to CAG having not documented, in writing, the problems they have been experiencing, often relying on conversations and sometimes texts with Landlords

 

If going down the route that Andydd is describing it really is a case of document or die... although no particular issues with what Andydd is saying, as have seen it happen first hand, as a Landlord, Agent and on behalf of Tenants too

 

As Andydd says there are instances where you can avoid paying Service Charge and Ground Rent for leasehold properties, but that's different to what's being descibed here - and is whole other story in some ways

 

Thanks all the same though for shedding further light on these matters

Edited December 7, 2010 by NewSAHD

[NewSAHD]

NewSAHD. Hiya.

 

Hi !

 

Leasehold is easier, in some ways, to take a Landlord to task - plus there are certain hoops a Landlord (dealing with a Leasehold property) has to jump through before they are even legally entitled to collect monies. But I'm pretty sure you know all of that already

 

As mentioned above rental properties are different and I'd argue the balance of power is still far more with the Landlord. So, in disputes like this, make it clear to the Landlord (of a rental property) that until such time as repairs are undertaken the rent is being put aside in a Bank account - and the intention is to seek a reduction of rent for the period the repairs remain unresolved. But every case is different, hence the questions asked of the OP

 

All back to document and die - and be reasonable and be seen to be reasonable too

 

All of which I pretty much guess you know already

 

Edited December 7, 2010 by NewSAHD

[andydd]

I should point out that I have already sued my landlord over the issue of overpaid ground rent and despite being a litigant in persaon and my landlord had solicitors I had an overwhelming victory, my landlord made a complete arse of himself in court and the judge was none too pleased and I came away over a grand happier, this has filled my with confidence and therefore i decided to purse the (lack of) repairs\breach of covenant claim (plus having been made redundant I could claim a waiver of fees).

 

Andy