Withholding rent

ritchieS

Hi,

My girlfriend and I moved into a new property at the beginning of September. When it came to the time of switching the heating on we found it didn't work. It's now the end of December and it's still not working.

Numerous engineers have come to look at it, we have had to work from home a number of days to accommodate them. We have been supplied with 2 replacement electric heaters but this is not the same as the under floor heating that we should be getting.

We pay quite a lot of rent for our apartment. We have been waiting for over 2 months to get the heating fixed, we are fed up with the situation. Can I threaten the landlord /agency with withholding the rent until the heating is fixed?

Thanks in advance for your help

poppysarah

Ring CAB or shelter.

What I've done in the past is write to the landlord giving a reasonable amount of time for the repair (a week perhaps in winter for heating could be considered reasonable) and telling them rent will be used to pay for the repair.
HOWEVER if the rent will not cover a repair or new system (And you'd have to get 3 quotes) then you're going to have to use two months rent or more - which for some people might be tricky.

Get the private sector rented housing team involved and see if they can put pressure on. It might be that they already know the landlord.

2912pwil

Yup, ensure you write to the Landlord/agent and get proof of postage.

I'd suggest making sure you pay something every month/week. Just did a Landlord letting course and there was something in there about it being more difficult to get a tenant out if they were still paying something.

Landlord has a duty to ensure heating works, but it sounds like he has been at least doing some things to help. Talk to him and see he says - it is in his interests to keep you at least a but happy.. In my case (I'm a Landlord.. ) when there is any problem I at least knock something off the rent as a guesture, while trying to get it fixed..

Cheers!

tbs624

2912pwil wrote: »

Yup, ensure you write to the Landlord/agent and get proof of postage.

I'd suggest making sure you pay something every month/week. Just did a Landlord letting course and there was something in there about it being more difficult to get a tenant out if they were still paying something.

More to do with rent arrears in general , from a LLs point of view, perhaps. Maybe your next course will cover repairs issues..;)

Don’t just withhold your rent (any part of it) because, regardless of the LL’s clear shortcomings, to do so places you in breach & can lead to your eviction. There is a set procedure to be followed. Did you report the fault initially in writing and do you have a copy? (All repairs issues are best reported in writing)

My suggestion would be that you write to the LL/LA (keep copy, hand deliver/send RD) listing out what has happened so far & keeping only to the facts. Include days off work etc.

Tell them that they have to comply with S11 of the LL & T Act 1985 and keep the equipment for space & water heating in safe working order, and the period of time that has elapsed in unacceptable.

Thank them for the provision of the heaters but say that they are inadequate for the purpose (they can- & should- provide several free standing electric radiators as a temp measure, & offer you an amount towards additional utility costs).

Tell them that if the problem is not resolved within the next 10 days you intend to get someone in yourself and deduct the costs from your rent. You then need to get 3 quotes & send them to the LL saying that you will go ahead with the cheapest one if they do not get the work done within a timeframe acceptable to you (bearing in mind that you have already waited more than a fair period of time). If they blather about costs of emergency plumbers/heating engineers over the Xmas/N Year period, you may need to gently remind them that that is their problem not yours - it's all part and parcel of being a LL.

If they don’t respond you then get the work done, pay the bill & send a copy of the receipt to your LL (keep original safe) and ask that s/he refunds that amount direct to your bank within 3 working days. If you don’t get the refund, you then write to say that you are going to deduct the amount from your future rent: you stipulate when this will start & keep a clear record & copies of all letters.

If there are any phone calls between you, you write afterwards simply confirming your understanding of what was discussed and any action agreed (again keep copies).

The local Council can liaise with private LLs on things like a lack of heating under HHSRS provsions. Do seek your own clarification first though - get support from the Tenancy Relations Officer at your local Council (separate fromcouncil housing issues), from an experienced LL&T caseworker at the CAB, or from Shelter’s helpline 0808 800 4444 (7 days, 8-8)

Good luck with getting some action -do post back with a update & let us know how you get on, because it can help other tenants who may face similar problems.