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Can rent be withheld due to faults in property?

I have a friend who is renting privately, and is has having difficulties with the letting agent/landlord.

6 weeks ago the LA requested a routine inspection of the property. My friend pointed out that there were the following problems:

1. The heater in the bathroom is not working - it's the only source of heat.
2. Wooden WC seat broken into 2 halves - it already had a big split (photo's taken) at the start of the tenancy, now my friend is just sitting on porcelain rim of WC when using it.
3. All lighting in the property is not working, except for one in the kitchen.

The rent is due tomorrow - can my friend with-hold the rent until these repairs are undertaken?

Grateful for any advice thanks.

Comments

  • anselld
    anselld Posts: 8,721 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Only if all else fails and you have taken all the previous steps described here ...
    http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    eatsleaves wrote: »
    2. Wooden WC seat broken into 2 halves - it already had a big split (photo's taken) at the start of the tenancy, now my friend is just sitting on porcelain rim of WC when using it.

    You seem to have genuine issues, but the toilet seat? It's £20 and take 5 minutes to replace...

    Re. lighting, have you checked consumer unit and bulbs? (never know)
  • goonarmy
    goonarmy Posts: 1,006 Forumite
    jjlandlord wrote: »
    You seem to have genuine issues, but the toilet seat? It's £20 and take 5 minutes to replace...

    Re. lighting, have you checked consumer unit and bulbs? (never know)

    Cheapest on tescos website is a fiver!
  • jjlandlord wrote: »
    You seem to have genuine issues, but the toilet seat? It's £20 and take 5 minutes to replace...

    Re. lighting, have you checked consumer unit and bulbs? (never know)

    So why is it so difficult for the landlord to ensure the property's toilet is in good order?
  • pcgtron
    pcgtron Posts: 315 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    JencParker wrote: »
    So why is it so difficult for the landlord to ensure the property's toilet is in good order?

    It's not, but for £5 (Not 20) it could be sorted out in 5 mins which is surely better then sitting on the porcelain.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 28 February 2014 at 6:46PM
    JencParker wrote: »
    So why is it so difficult for the landlord to ensure the property's toilet is in good order?

    It's not.

    Equally it means that it's rather disingenuous for the tenant to claim that he has to sit on the porcelain...
    Tenant would also be entitled to have the bill for the new sit paid by the landlord, and even deduct it from rent if he repeatedly notified the landlord in writing (see link in post #2).
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Have you reported all these issues by letter to the landlord at the address provided? That is always the 1st (well, 2nd after a phone call) thing to do. It

    a) formally brings it to the LL's attention
    b) creates a record so that you cannot later be blamed either for the damage, or for any further damage resulting from failure to report
    c) creates a record so that if necessary you can later sue the landlord, and/or deduct from rent as per advice in post 2 above

    I also agree
    2) a toilet seat is so cheap and easy to fix if this was the only issue I'd say, just fix it.
    3) check the consumer unit for a tripped switch

    1) As for the heater, I assume you mean "it's the only source of heat in the bathroom" so not the end of the worl, but the advice above stands.
  • No. Sadly not. He/she should write and explain the issues. If he has to no joy then he can follow the process outlined on the Shelter page and/or contact the council. The council will have an environmental health department and may well have a private tenancy relations officer (sometimes known as a TRO). They may call it something different.
    Sadly if your friend witholds rent without following the proper steps then they leave themselves open to problems like being evicted for not paying their rent (Which can in turn cause issues with references etc).
    Hopefully given the advice so far they can get the issues resolved. It sounds horrible and I hope they are saving up to move out as soon as they possibly can (giving the correct notice of course).
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
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