Breach of Tennancy and refusal to pay rent?

unhappy_student

hi,
i was wondering if anyone could help me and my current situation?

I am currently a student and spent last year living in private student halls. I initially payed a section of my first semesters installment and wasn't able to pay the whole amount due to this years problems with student loans coming in on time. Shortly after it became apparent that the whole accommodation was infested with mice! after weeks to months of persistent verbal complaints by me and other students living in the block and failed efforts by the maintainence man to rid this infestation they decided to call in exterminators during the start of second semester (after 12 weeks of us having to co-habitate with these vermin!!!!!). During this time i expressed my refusal to pay any of my rent until this problem was fixed only to find that in February my outstanding balance was sent to a debt collection agency. Initially this bill was sent to my mother as a guarantor but because she never signed anything to become one it was eventually put in my name. It was now around march and i had more or less moved into my girlfriends for around 2 months now as there was still clear evidence that we were still living with mice! i even seen them scurrying around my bedroom floor! after phone calls telling the debt recovery agency i refuse to pay anything because i have had a mice infestation since september and there 'it is not our problem' attitude i gave up!

I recently this week received a letter saving that this case is going to court and if i do not pay the full out standing balance of 3,200 in 7 days i will have to pay an additional total of 3,800 in court fees. I feel this to be unjustified and unlawful as i believe that it was an initial breech in tenancy agreement. I do not have a clue where to go from here so any help would be greatly appreciated. xx :mad:

N79

Pay up quickly to avoid the fees. Sadly you are in the wrong by not paying your rent as you breached the agreement by failing to pay. This was not a remedy open to you in the circumstances you describe. Stick around these boards so that you can learn how to handle this situation next time.

PasturesNew

Unfortunately, withholding rent is never an option with housing that you're contracted to. You signed an agreement to live there FROM/TO and that's pretty much 99.99% of the law.

Yes, there were mice, but they were being dealt with, allbeit slower than you would have liked.

You do have to pay up.

Being an adult sucks doesn't it.

Jowo_2

Shelter and the Citizens Advice Bureau, who are experts in consumer rights and housing law, strongly recommend that tenants do not withold their rent as it simply means that they breach their contract and are treated as being in arrears. I suggest that you speak to them or your student services body to understand your obligations and work out how you can repay this debt, deal with the forthcoming CCJ and its impact on your credit record and potentially your career.

unhappy_student

but surely the inability to get rid of the mice problem and lack of effort was a breech of tennancy by the accomodation company, they more or less made us live in unhealthy conditions!

PasturesNew

Referring back to your first posting, your verbal complaints should have been in writing, they DID try to get rid of the mice with the maintenance man, they did call in an extermination company.

We've no idea how much your lifestyles contributed to the infestation, or what steps you took to limit your exposure to the little furry beasts once you knew there was a problem.

Bottom line is: rent is rent - and rent is due.... or now overdue in your case.

Jowo_2

unhappy_student wrote: »

but surely the inability to get rid of the mice problem and lack of effort was a breech of tennancy by the accomodation company, they more or less made us live in unhealthy conditions!

A breach of contract by the landlord does not mean that the tenant can breach one back. Since the landlord was attending to the pest problem,it's arguable whether there is a breach on their part.

In other words, no, the inability of the landlord to get rid of the mice doesn't mean you were entitled in the legal sense to withold your rent even if you feel entitled to this stance in the moral sense.

A tenant can report issues of this nature to the local council environmental health department for investigation who can then compel the landlord to honour their obligations if they find fault with the health and safety aspects of the accommodation. Meanwhile the rent is due and should be paid.

unhappy_student

ok well considering it has now gone to a debt collection agency is there any way and means of freezing the interest rates they put on? i have currently offered to pay £100 a month whilst i am in part time work

Jowo_2

The Debt free Wannabee forum is the best place for the experts there to advise how best to deal with a debt collection agency.

You might also want to check the Uni graduation policy. Mine wouldn't let students graduate who owned the Uni money - even library fines meant that they wouldn't get their degree. Your student services body will be able to advise.

casper_g

Jowo wrote: »

The Debt free Wannabee forum is the best place for the experts there to advise how best to deal with a debt collection agency.

You might also want to check the Uni graduation policy. Mine wouldn't let students graduate who owned the Uni money - even library fines meant that they wouldn't get their degree. Your student services body will be able to advise.

Hopefully this won't apply to the OP, as the debt is for rent in private halls, not university-owned.

Jowo_2

casper_g wrote: »

Hopefully this won't apply to the OP, as the debt is for rent in private halls, not university-owned.

thanks for the correction, i forgot that.

The OP needs to consider the impact in finding a tenancy in the future as some landlords who perform a credit check will reject tenants that have a CCJ or insist on a guarantor.