Landlady has breached contract, so can I withhold rent?

Money_Saving_Dilettante

Hi

I rent a one bedroom flat under an AST, but two months ago I moved into my girlfriend's property. I still have two months to go until my contract at the flat ends, so I'm still paying my rent, and I pop back every now and then to collect my property and make sure everything's ok.

I hadn't told my landlady of my new arrangements, since I assumed it was none of her business. But a few weeks ago I noticed that someone - I'm guessing the landlady - had let themselves in and left two windows ajar. I closed them, fearing that the property which I am storing in the flat might be stolen, but I came back last weekend to see she has done it again.

The contract we both signed states that she needs to give me two days notice if she wants to inspect the property, and I have received no such notice on either occasion. Can I legitimately withhold my rent now, and if so, how should I go about it?

Eton_Rifle

No. Your landlady is wrong but this is not a money-making opportunity.

RedwoodBrook

I don't know about your contract, you need to check, but when I rented I was unable to leave the property for more than 14 days without letting the agent/landlord know and providing a reason. So, if I went on a 3 week holiday I needed to let them know the house was going to be vacant for that period of time.

If I had done what you have, I would have been in breach of the contract. As you have stated, an unoccupied property tends to attract the attention of undesirable visitors.

You said yourself you have no proof it is the landlady that has entered the house, you are only assuming so with holding the rent might not be such a wise move.

sooz

Have you checked your ast?

You may find you too have breached the contract.

Normally you must inform your landlord if the property is empty for 2 or more weeks, as you will invalidate her buildings & contents insurance otherwise.

Two wrongs don't make a right.

Write to your landlord, & sort this out properly.

may_fair

Money_Saving_Dilettante wrote: »

Can I legitimately withhold my rent now...?

No, you can't. And you need to tell the LL you've moved out.

Whiteknight

Money_Saving_Dilettante wrote: »

Hi

I rent a one bedroom flat under an AST, but two months ago I moved into my girlfriend's property. I still have two months to go until my contract at the flat ends, so I'm still paying my rent, and I pop back every now and then to collect my property and make sure everything's ok.

I hadn't told my landlady of my new arrangements, since I assumed it was none of her business. But a few weeks ago I noticed that someone - I'm guessing the landlady - had let themselves in and left two windows ajar. I closed them, fearing that the property which I am storing in the flat might be stolen, but I came back last weekend to see she has done it again.

The contract we both signed states that she needs to give me two days notice if she wants to inspect the property, and I have received no such notice on either occasion. Can I legitimately withhold my rent now, and if so, how should I go about it?

Slightly off topic but as you have not mentioned to your landlady that you have moved would you have mentioned to anyone else that you have moved. I ask as I noticed your previous posts were asking for advice on going to live with your girlfriend, at that time you were unemployed and I'm assuming claiming benefits. If you are still on benefits they would need to know that you have moved.

And as others have said you would not be able to withhold your rent.

aliasojo

The lease we recently signed stated we had to inform the landlord if the property is empty for one week.

Would your landlady have thought you had done a bunk and that's why she entered intially? (Not saying she was right to do so, just wondering why she did.)

Money_Saving_Dilettante

Thanks, I'll check the contract this morning.

Money_Saving_Dilettante

There's nothing in my contract about not leaving the property empty for fourteen days. There is a clause about keeping it well ventilated, so I see that she has been doing that, but I would have appreciated some warning. Still, it's partly my fault for not studying the agreement closely enough.

theartfullodger

Bit of clarity - yes, of course you can withhold the rent... the Landlady can then take to you to court for the monies owed & you end up with a CCJ unless you sort things out..


Nothing btw to stop you changing the locks as long as you change them back when you properly end the tenancy..

Landlady will be p***d off not to be able to get in - but embarassed when ask why doing so withoutt your permission.

Wee_Willy_Harris

Why not just tell the LL you have moved out, giving her the opportunity to find another tenant and, possibly, mitigate your rental liability?