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Freezing weather, no boiler for a month, withhold rent?

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Angie_pangie_2
Angie_pangie_2 Posts: 32 Forumite
First Anniversary Combo Breaker
in House buying, renting & selling
Hi,

My situation is already detailed on this thread.

http://forums.moneysavingexpert.com/showthread.php?t=2893362

However I've started a new thread to ask about the legal implications of withholding rent.

At this point we've got no options other than doing that, we've been advised that it's not wise to do that.

What are the legal implications? Will we face eviction? How long does it take before we're evicted?

We wouldn't mind it as long as the law gives us enough time (four/ five months hopefully) to find a better place.

Because the last thing I want is the law on the side of these thugs.

Thanks in advance,

Angie

Comments

  • the.ciscokid
    the.ciscokid Posts: 273 Forumite
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    As I understand it, (I am not an legal expert so don't take my word for it) you can pay for your boiler to be fixed, and deduct it from your rental payments.
  • sooz
    sooz Posts: 4,560 Forumite
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    Don't just withhold rent. There is no point. You will be evicted (not instantly) & still be without heating in the meantime.

    You can, however, pay to have the boiler repaired yourself, & then deduct this cost from the rent.

    However, you must have a completely watertight paper trail. In your other thread you said you'd been calling people about the repair. Don't, you must write, keep a copy, & ideally send your letters recorded delivery so you have proof you sent them.

    See here for more information

    http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs
  • runninglea
    runninglea Posts: 907 Forumite
    First Anniversary Combo Breaker
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    Instead of freezing, tell the landlord that they can get an engineer out today or you will and will take the repair out of their rent.

    You can get british gas out same day.

    Has the landlord tried to get it fixed but been let down by workman etc
    Year 2019 (1,700/£17000mortgage repayment)Overall mortgage (71,400/165568) (44
    .1%) (42/100) payments made. Total paid 2019 year £1,700
    Total paid 2017 year £15,300Total paid 2018 year £13,600
  • sooz
    sooz Posts: 4,560 Forumite
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    I was wondering about the legal implications of withholding rent? Because we've already cancelled the direct debit and I've read that's not a wise thing to do. How long is it before they can evict us? If they choose to do so in this weather.

    Obviously we just want the boiler fixed but the only answer I can seem to get from them is they'll call us when they get the parts from the manufacturers, it could take a year, who knows? While we suffer in this frigid weather, it's already taken a month and I have a feeling that we're being lied to and they just want us out of the place so they can make more money off the commissions of renting/selling it.

    I've just seen this on your other thread.

    I'd recommend that you re-instate your direct debit. You've already been advised how to go about getting the boiler repaired.
  • tbs624
    tbs624 Posts: 10,816 Forumite
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    runninglea wrote: »
    Instead of freezing, tell the landlord that they can get an engineer out today or you will and will take the repair out of their rent....
    That's a sure fire way for the T to be (a) out of pocket and (b) in receipt of a retaliatory s21 notice at the earliest opportunity.

    There are circumstances in which the T can organise repairs & seek reimbursement from the LL via the rent but there is a particular method to doing it. See Shelter's pdf "Guide to Getting Repairs Done"

    LLs has to see to repairs within a "reasonable time" and should provide temp means of heating ( space & water) until repairs can be properly effected.
  • Hammyman
    Hammyman Posts: 9,913 Forumite
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    tbs624 wrote: »
    That's a sure fire way for the T to be (a) out of pocket and (b) in receipt of a retaliatory s21 notice at the earliest opportunity.

    ..thats assuming their landlord isn't like me and gives them one the day they sign the tenancy agreement. They may already find that was the case and it seriously speeds things up.
  • <sebb>
    <sebb> Posts: 453 Forumite
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    Hammyman wrote: »
    ..thats assuming their landlord isn't like me and gives them one the day they sign the tenancy agreement. They may already find that was the case and it seriously speeds things up.

    Hopefully you protect the deposit before serving the S21 or your notice is about as much use as a chocolate teapot.
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