When is it reasonable to withold rent?

poet123 · 9 November 2009 at 5:38PM

One of my sons is at Uni and since September they have had lots of issues with the house they are renting. Furniture infested with beetles, filthy carpets, no hot water in one bathroom and a kettle supplied to deal with the issue,:eek: problems with boiler, and now no heating.

Agent has put most of the above right,except the hot water/heating issue which is not being resolved quickly enough imo. Nor is the issue of hot water in the bathroom being addressed at all as the kettle solution is supposedly reasonable according to both Landlord and agent

It is now getting quite cold and they have no form of heating, Agent now states they will liaise with LL and look into :rolleyes:getting it replaced. Even assuming they started this process immediately my son and his housemates will have no heating for quite some time, and also have to put up with the disruption when they are studying for final exams (January).

What redress do we have and how do we start the process?

All we want is hot water and heating, which considering they are paying £250 per week between them (3 people) is not too much to ask.

Any help appreciated.

Fire_Fox · 9 November 2009 at 5:41PM

Have the complaints been put into writing and sent recorded delivery? Have any of the tenants sought the advice of Environmental Health at the local council or student accommodation advisor?

poet123 · 9 November 2009 at 6:05PM

No, none of the complaints have been made in writing. The agent keeps sending round a plumber who fiddles with something, says "that should do it" goes away, and the scenario keeps repeating.

The lads are fed up with having to hang around waiting for various people to call, inevitably they are late or dont turn up at all, and so it goes on. The agent seems sympathetic, as does the LL, but nothing moves forward. I think they have had ample time to resolve the issues now, and think action needs to be taken to forcibly make that point.

Fire_Fox · 9 November 2009 at 6:17PM

You can't start withholding rent until the proper procedures have been followed, all complaints should be made in writing by recorded delivery! If there is an emergency obviously you can phone, but then follow up with written confirmation. If this turns into a major dispute a paper trail will be critical - bear in mind withholding rent is a breach of the tenancy agreement. If the tenants do not want to be present when tradesmen call they can give the letting agent or landlord permission to enter the property unaccompanied.

poet123 · 9 November 2009 at 6:42PM

The letting agent expects them to wait in, and LL lives hundreds of miles away!

I understand that witholding rent is a breach of the rental agreement, but presumably the issues they have had to endure also represent a breach from the other party? unfit due to infestation, no heating/hot water are not minor issues.

I have drafted a letter for them to send to both the agent and the LL advising them they have 7 days to resolve the issues or they will call in the EH officer and ask for a full inspection as to the suitability of the property for rental.

clutton_2 · 9 November 2009 at 7:14PM

go to Shelters website they have a lot of very useful information about how to deal with repairs issues - if you with-hold rent you son could find himself with a court order for posssession in 32 days and then being evicted 4 weeks later....

tbs624 · 9 November 2009 at 7:19PM

There is a set procedure under which Ts may get repairs done and deduct from future rent - see here for more info, because it is time-consuming.

Tell the LA that they are in breach of their S11 repairing obligations (LL &T Act 1985) which state that the LL is responsible for maintaining the equipment for space and water heating. You say "one bathroom" - is there *no* hot water at all or is the problem with just one bathroom when there are 2 available for use?

A LL has to get things fixed within a "reasonable time" and if there is a delay then the LA/LL should arrange the provision of temporary water boilers and/or heaters , which can be hired by the day with the cost of that hire met by the LA/LL. If the current plumbers can't sort things then they should get a different firm in.

All Ts should always raise repairs issues *in writing* at the earliest opportunity. People under 30 seem to have an aversion to this because they've grown up with more informal methods of communication, but it saves hassle in the long run. If done by phone first, they should follow it up with a written confirmation of what was discussed and keep copies of all letters.

Get your son to phone the Private Sector Rentals Team/Officer at the local council - they can get this one moving. He should also let the Uni Accoms officer know about the poor standards at this property

Fire_Fox · 9 November 2009 at 7:44PM

poet123 wrote: »

The letting agent expects them to wait in, and LL lives hundreds of miles away!

That doesn't mean the students have to roll over, that's where the letter comes in - the landlord pays the letting agent to wait in, but if they can 'delegate' they will! If the plumbers don't show when the agent is waiting in, chances are they will get a rocket up their rear. By all means advise the tenants, but learning how to make formal complaints in writing is part of being an adult. I am 36 and I still get my Dad to final check formal communication

.... but I write the letter and have for almost twenty years.

poet123 · 9 November 2009 at 9:01PM

Thanks for all the responses. I will not be intervening on my son's behalf, he is more than capable, and he has sorted out the other previous issues It is just so galling to think of them sitting in the cold, because some absentee LL cannot bring themselves to spend out for a new boiler.

I will forward the links to him and bite my tongue!

sp1987 · 9 November 2009 at 10:53PM

Complain in writing by recorded delivery and include the reference to ringing environmental health at the council. We just wrote a list of what was wrong and what had/had not been completed thus far to make it clear what problems remained. Personally I would write about how I will take legal action to recover losses via the small claims court if a solution is not reached by x date.

If the house is uninhabitable (our university house looked fine but one tenant had a problem with the condition of a bathroom, council inspection demanded £30,000 worth of alterations to ensure the house was fit for rental by 6 people) they will take action. Our agents would not sort one or two small issues so after an inspection had to replaster every ceiling, change every door, put partitions between the kitchen and bathroom, enclose the staircase, install fire alarm system etc etc. Carpets had to be changed and the whole house needed repainting (due to the replastering I assume). Madness as we were happy with the house barring one or two tiny issues (ie bathroom condition and the removal of an old gas fire) which could have been rectified in minutes. There were things demanded by the council that were never even carried out either, like the inclusion of an external staircase fire escape from an upstairs bedroom and increase in workspace in the kitchen.

princeofpounds · 10 November 2009 at 8:50AM

The above information is totally correct. Complain in writing TODAY. No need to withhold rent - that is treated totally separately to repairing obligations. Renting is quite straightforward but 90% of people just don't know how it is supposed to work. I don't blame students for this - they have only just started to rent in most cases - but they must find out as no-one will tell them.

State the facts so far briefly - if the problem has been dragging state when verbal complaints were first made (this helps establish a timeline for 'reasonable' speed of repairs).

Remind LL and A that the Landlord is breaching his responsibilities to provide heating and hot water under the Landlord and Tenant Act 85. Failure to comply is a criminal and not a civil matter.

Point out that if they do not permanently fix the problem within a reasonable time, especially given all the time they have had so far, that you will ask the Local Authority's environmental health and private sector rental teams to get involved. Give them a date you plan to do this on (2 weeks away?).

Also point out that you can invoke the procedure outlined in Lee-Parker vs Izzet 1971 (google it) to effect repairs yourself, and that you can sue for compensation in the small claims court if hte landlord is not fixing things at a reasonable pace.

Finally, has the LL provided a gas safety certificate, an EPC (if one was required), does he have an HMO license (if required) and are the deposits in an official scheme? Has the LL provided an address for service in England/Wales (if that's where you are, presuming so as all the advice does not apply directly to Scotland).

When is it reasonable to withold rent?

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