Should I stop paying rent

james201411

Hello

I am currently renting a top floor flat and the roof has a bad leak and I have had to move out. I am staying at my parents house with a new baby and I still have to pay rent. I have been out of the house for 2 weeks and still paying full rent. Could someone help me with my legal rights and what I should do next. Is there any template letters I can send. Thanks

micky2phones

james201411 wrote: »

Hello

I am currently renting a top floor flat and the roof has a bad leak and I have had to move out. I am staying at my parents house with a new baby and I still have to pay rent. I have been out of the house for 2 weeks and still paying full rent. Could someone help me with my legal rights and what I should do next. Is there any template letters I can send. Thanks

Hi, imo if you stop paying the rent that may cause you more problems.

I think you should have something in writing from landlord saying theres no rent to be paid until the roof is fixed.

Rambosmum

Have you asked for it to be fixed by writing to the landlord?

You can ask for a reduction in rent (again by letter) but you may not get it. What do you mean by 'bad'?

Look on the Shelter website about withholding rent - you can only do it in very specific circumstances and in a specific way.

Guest101

Have u written to them to let the ll know?

G_M

What communications have been sent to/received from the LL? How? Properly in writing?

Does the LL know you've had o move out? What did he say?

Is the roof being fixed? How long will it take?

Give us the full sceario and we can give better advice.

If repairs will take longer than the length of the tenancy, the contract may be 'frustrated' (ended - no liability to either side).

If the tenancy continues then
a) you must continue to pay rent and
b) the LL must continue to provide accommodation (somewhere.....)

However:

Shelter England (Tenants’ rights) Shelter Scotland

Shelter (Repairs in private rented homes)

Guest101

G_M wrote: »

What communications have been sent to/received from the LL? How? Properly in writing?

Does the LL know you've had o move out? What did he say?

Is the roof being fixed? How long will it take?

Give us the full sceario and we can give better advice.

If repairs will take longer than the length of the tenancy, the contract may be 'frustrated' (ended - no liability to either side).

If the tenancy continues then
a) you must continue to pay rent and
b) the LL must continue to provide accommodation (somewhere.....)

However:

Shelter England (Tenants’ rights) Shelter Scotland

Shelter (Repairs in private rented homes)

If it becomes frustrated the op may be entitled to the rent paid whilst living away from the property. Ie the last 2 weeks. But really it depends now on what the op has done so far to let the LL know, as u say

james201411

Hi sorry for the delay. It is a new build propert on a development Which had a site manager. The site manager is the one arranging the work. He keeps saying the guy is coming tomorrow etc. The landlord wont speak to us as they pay Mann and Co and Mann and Co are useless. I'm not sure who I should be complaining to. Is it Mann and Co the letting agent.

agrinnall

You need to speak to your Landlord, your tenancy agreement will tell you who that is and how to contact them. They may decline to actually speak to you so send them a letter getting proof of posting which is evidence of deemed delivery.

G_M

james201411 wrote: »

Hi sorry for the delay. It is a new build propert on a development Which had a site manager. The site manager is the one arranging the work. He keeps saying the guy is coming tomorrow etc. The landlord wont speak to us as they pay Mann and Co and Mann and Co are useless. I'm not sure who I should be complaining to. Is it Mann and Co the letting agent.

What communications have been sent to/received from the LL? How? Properly in writing?

Does the LL know you've had o move out? What did he say?

Is the roof being fixed? How long will it take?

Give us the full sceario and we can give better advice.

Have you read the links provided?

Have you acted on them?

dancingfairy

Well your contract is with the landlord, now whether he pays a builder to fix the roof, Mann and Co, fixes it himself or whatever he is ultimately the one who is responsible.
I suggest you write to the landlord (Details on your tenancy agreement) and copy the letting agent in as well.
How bad is the leak? Is the property actually uninhabitable? Have you been advised by anybody to move out? If so , who? Have you got this in writing?
You still owe the landlord rent but he has to find you alternative accomodation (assuming the property is properly uninhabitable - it's hard to get an idea of how bad a leak is over the internet).
Do you have a tenancy relations officer at your local council who might be able to facilitate things at all or you could try environmental health at your council. Obviously it makes a huge difference if someone like environmental health declare it unfit for human habitation (although you might want to keep this as a back up plan if things don't get done).
You definitely need to get something in writing to the landlord, if only to prove you notified them promptly and acted in a tenant like manner (ie the extra damage is due to their delays and not due to your failure to report it).
I'd write something like this
Dear Mr Landlord,
I am writing regarding the leak in the roof at x,y,z address. As you will be aware I contacted yourself/the letting agents/whoever on such and such a date by email/phone. I am concerned I have heard nothing further. Please contact me by letter at x address within 7 days to let me know what action is being taken and when the property will be repaired.

df