Washing machine broke, ok to withhold rent?

Thesnowman_2

Hi, my sister rents a room in a house with three other tenants. She doesn't have any agreement other than paying her rent on time every week which includes all bills apart from £1 per shower or bath which is meter controlled. She has a sink with hot water in her room, a fridge and some units and access to a shower room and separate bathroom if needs require. She says herself the rent is very reasonable, wouldn't be able to get somewhere else for that money and suits her while she is saving for a mortgage. However, in the last month there have been some issues.

Basically, the washing machine in the shared kitchen has just broke. It was there before she moved in and was for everyone's use. My sister has now decided to withhold rent as she says its an inconvenience not having it and it is costing her money to go to the launderette. She also says that the hot tap in the shower room has been disconnected recently. It was leaking all over the floor soaking the flooring. However, she still has access to hot water in the kitchen and in her bedroom and hot water for each shower.

Is she right to aggravate landlord and withhold rent given that she's been there 4 years but has no kind of agreement? The other people in the house don't seem to be as bothered as her about these issues. But if she's not entitled to withhold rent surely the landlord could bring some kind of action against her which could affect her credit rating again? could he demand she leaves?

Just wondering what people's thoughts are and whether landlord is obliged to replace washing machine, if it was there for goodwill in first place and whether it is priority to fix shower room sink tap if all tenants have access to other means of hot water in house anyway?

Thanks.

Excited13

Has your sister informed the LL and what has he done so far? Also when did she inform him? If it was only a couple of days ago I know from experience it can gtake time for them to be delivered. Witholding rent is only likely to make the situation worse.

mrginge

If its not in her contract, what makes her think its the landlords responsibility?

Paying rent however is in her agreement, so withholding rent would most definitely be a breach of that agreement.
If she's prepared to get evicted and chased through small claims because she can't be bothered to get it fixed then fine.

G_M

1) if she witholds rent
a) she will be in breach of her contract and in rent arrears and
b) she will p*ss off her landlord

2) has she reported the fault IN WRITING (letter, NOT email, text etc)? When?

3) has the LL responded at all? When? How?

4) does her agreement (written or verbal) say the LL will maintain the washing machine? The Landlord & Tenant Act 1985 says:

Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

As an aside:

5) there is no requirement for a written agreement - verbal is fine. If she pays rent and receives accomodation, there is a valid contract

6) if she pays rent weekly, then by law the LL must give her a rent book - has she got one?

7) Is this an HMO? How many people in the property? How many floors? Does the LL live there too? If an HMO, should it be licenced? Is it licenced (check with council)?