When can I legally reduce rent payments?

SarahBDE

Emmia said:

SarahBDE said:

Emmia said:

SarahBDE said:

To answer some of the questions:
It is not an agricultural tenancy. I had an agreement with the landlord that he mows my lawn and I pay him for it. He couldn't be bothered to do it in the second year (but didn't tell me) and while I waited on him, I tried to get on top of the grass myself, which was a loosing battle. He then put sheep in my garden while I was away, without my consent. 
I am in England on an AST.
I am not currently in a position where I can just up and leave. I am also aware that previous tenants have had similar issues and me leaving would just mean the next person moves into this situation. 
The rent was reduced for the first four months of me living here due to the poor conditions. The landlord then upped the rent again but without doing any work. The rent I pay is above market rate for the condition the house is in and would be market rate if it was maintained to a basic legal standard. 
And it took me writing a complaint letter to realise because I am not up on the law. Before moving here I lived in my own flat. What I refer to when I say uninhabitable, I mean rooms not having heating, a heating source for one room not being safe to use as it poses a fire / carbon monoxide risk, exposed pipes across doorways, not being able to maintain temperatures above 18 degrees when it is cold outside. I am an undemanding tenant, I was careful and stepped over the pipes, I didn't fire the unsafe oven, I wear two sweaters in the winter. I did put up with too much for too long. It's not that I never said anything, I did address but didn't press the issues and as they kept mounting up, they became too much to bear, especially since sheepgate. 
I have involved every authority and agency I could, including council, estate, even my MP, while my landlord is taking no action to remedy any of the issues nor does he communicate with me in any meaningful way. There must be a way to put pressure on the landlord to finally take action? This is where I was told that I am allowed to reduce the rent by a reasonable amount as long as I give my landlord notice. 
Why would I ignore CAB or Shelter? I am not. I have conflicting information which is why I came on here to ask my questions. 

Why are you still living there? 

Another tenant might move in and will confront the same issues, but if it were me I'd forget the complaint etc. and I'd be out of there.  

I love that for you. You've made better life choices that allow you to be more flexible. There is no question that I'd be better off moving. Of course I would. I am just not in a position to do that at this moment in time. Until I can, this situation needs to be liveable. And for me personally, I could not live with myself if I move out and the next person burns down in this house. Surely tenancy laws are there for a reason? To hold landlords to account? To stop these kind of things from happening? 

So, you reduce rent payments unilaterally, and then get evicted, or (if you're in England) the landlord decides they don't want you as a tenant and issues a S.21 with similar effect (presuming they can), or does more things to make you even less comfortable.

Paying less rent doesn't make the property less dangerous - and it sounds like the works needed would really require the place to be empty.

I'm sorry that you're in this situation. As you're in this bind, is the rent already lower than properties with similar bedrooms/space in your area? Have you sought out any other form of housing, sought to put yourself on waiting lists etc if you qualify.

Edit: if the place is fixed up, then presumably the rent would also rise? 

The landlord did not register my deposit, which will make eviction more difficult for him. I understand eviction proceedings take time. 
As previously stated, I do NOT pay below market value. If the repairs are made, the rent would be market value. 
I would not need to be out for the repairs to be made. 

soolin

Your issue is that if the place is that bad that it fails any inspection and is dangerous then you would be forced to leave, possibly with very little notice which puts you in a worse condition that taking your time now, calmly to find new accommodation.

If you stop paying all your rent then you can be evicted, if the place fails a safety inspection then landlord will be forced to get you to move out and undertake repairs before re letting to possibly a new tenant.

I had thought perhaps you were in a monetary situation which meant you couldn't move, but you say you pay normal even higher market rent - so I think you are running out of options here. If you are trying to achieve a refurbishment plus reduced rent I think you need to re look at the situation. You can't live somewhere dangerous regardless of how little you want to pay.

Get a solicitor, don't get one of those who will charge you the earth and tell you what you want to hear - and then not achieve it. get proper advice, move out calmly and on your own terms before you are forced out - but a solicitor here is a must to ensure you do everything you can and not lose out possibly making yourself homeless.

Good luck.

SarahBDE

soolin said:

Your issue is that if the place is that bad that it fails any inspection and is dangerous then you would be forced to leave, possibly with very little notice which puts you in a worse condition that taking your time now, calmly to find new accommodation.

If you stop paying all your rent then you can be evicted, if the place fails a safety inspection then landlord will be forced to get you to move out and undertake repairs before re letting to possibly a new tenant.

I had thought perhaps you were in a monetary situation which meant you couldn't move, but you say you pay normal even higher market rent - so I think you are running out of options here. If you are trying to achieve a refurbishment plus reduced rent I think you need to re look at the situation. You can't live somewhere dangerous regardless of how little you want to pay.

Get a solicitor, don't get one of those who will charge you the earth and tell you what you want to hear - and then not achieve it. get proper advice, move out calmly and on your own terms before you are forced out - but a solicitor here is a must to ensure you do everything you can and not lose out possibly making yourself homeless.

Good luck.

Thank you so much, that is really helpful. I was hoping I could get around paying for a solicitor, but I see that I'll need to invest there.
I didn't suggest stopping to pay all my rent. I suggested a reasonable reduction to my landlord until the issues are fixed. Finance is part of the reason as a move would be expensive for me (not the new place, but the move itself). I have pets which limits my options. 

owls1867

If you feel that you have exhausted all your routes to get this resolved - have you gone to the TPO (The Property Ombudsmen) and asked them to investigate? Just bear in mind if you decide to go down the legal route instead, then the TPO will not get involved. 

The council also have got a lot of power in getting houses fixed up properly. I would be getting onto them to come out and inspect ASAP so they can issue a S239 notice to the landlord so then the landlord legally then has to get works done and signed off (or face a fine). 

As a lot of people have mentioned - and as tempting as it is, do not pay any less rent. Continue making your full payments and on time as you obliged to do so. This will add further weight to your case if you decide to go further with it in court. 

I am not a legal expert, but you may have something about the landlord breaking the right to quiet enjoyment of the house whereby they have knowingly put livestock in your garden without any permission.

saajan_12

SarahBDE said:

I also wrote another letter listing the cost of the damages that I expect to be reimbursed for and also suggested a 50% rent reduction until the issues have been fixed. I'd been reading up on rent reductions and it was my understanding that a court would grant 50-100% in cases with similarly severe breaches and as long as I communicate it ahead of time, I am legally able to do it. 
...

I have spoken to CAB and Shelter, which have been helpful to a point. They both say to not reduce rent under any circumstance. However, I am living in horrendous conditions that don't warrant the full rent payment and I am unlikely to get that money back later. So I want to understand where I stand and what my best next step would be. Thank you so much!

What is your source for 50-100% rent off? Though regardless, that's a court determination, not something you have a legal right to. 

What you are entitled to is to formally complain about the repair issues (best to follow the process defined by Shelter), giving the LL time to remediate, and eventually fix the issues yourself, deducting the cost from rent. However you do have to pay rent in full (other than the deductions for actual money spent) during that time. 

You can get the council involved to put in enforcement orders to get major things repaired, but that'll be at their timeframe. However if its truly uninhabitable then your right is to move out and treat the contract as frustrated, ie no further rent but also no further accommodation. 

Smalltownhypocrite

You can keep pushing and !!!!!! landlords should be held to accountable but I need you to know that in most circumstances its likely that you will end up moving.

Either the property will be deemed dangerous (by say the council) and you will not be allowed to live there or you will be evicted (if you stop paying the full amount, only a court can change the amount of rent just as he cannot put it up without your consent you cannot lower it without his unless a court approves it). Its unlikely you will be refunded money and you will have court fees if you go that route.

That is unless the council or other local authority views the house and deems it safe, then you likely have little course of action. If they find fixable issues (like a burst pipe or broken boiler or non working electrics) they might just order the landlord to fix them then reinspect to confirm its done. They will NOT be interested in living styles or decor or breaches of tenancy about the garden etc... just landlord required safety.

Tabieth

As others have said, you can’t just reduce your rent. You’ve entered into a contract and you’ll be in breach of that contract if you do so. I’d be seeking legal advice form a solicitor and making plans to move. 

RAS

SarahBDE said:

Emmia said:

SarahBDE said:

Emmia said:

SarahBDE said:

To answer some of the questions:
It is not an agricultural tenancy. I had an agreement with the landlord that he mows my lawn and I pay him for it. He couldn't be bothered to do it in the second year (but didn't tell me) and while I waited on him, I tried to get on top of the grass myself, which was a loosing battle. He then put sheep in my garden while I was away, without my consent. 
I am in England on an AST.
I am not currently in a position where I can just up and leave. I am also aware that previous tenants have had similar issues and me leaving would just mean the next person moves into this situation. 
The rent was reduced for the first four months of me living here due to the poor conditions. The landlord then upped the rent again but without doing any work. The rent I pay is above market rate for the condition the house is in and would be market rate if it was maintained to a basic legal standard. 
And it took me writing a complaint letter to realise because I am not up on the law. Before moving here I lived in my own flat. What I refer to when I say uninhabitable, I mean rooms not having heating, a heating source for one room not being safe to use as it poses a fire / carbon monoxide risk, exposed pipes across doorways, not being able to maintain temperatures above 18 degrees when it is cold outside. I am an undemanding tenant, I was careful and stepped over the pipes, I didn't fire the unsafe oven, I wear two sweaters in the winter. I did put up with too much for too long. It's not that I never said anything, I did address but didn't press the issues and as they kept mounting up, they became too much to bear, especially since sheepgate. 
I have involved every authority and agency I could, including council, estate, even my MP, while my landlord is taking no action to remedy any of the issues nor does he communicate with me in any meaningful way. There must be a way to put pressure on the landlord to finally take action? This is where I was told that I am allowed to reduce the rent by a reasonable amount as long as I give my landlord notice. 
Why would I ignore CAB or Shelter? I am not. I have conflicting information which is why I came on here to ask my questions. 

Why are you still living there? 

Another tenant might move in and will confront the same issues, but if it were me I'd forget the complaint etc. and I'd be out of there.  

I love that for you. You've made better life choices that allow you to be more flexible. There is no question that I'd be better off moving. Of course I would. I am just not in a position to do that at this moment in time. Until I can, this situation needs to be liveable. And for me personally, I could not live with myself if I move out and the next person burns down in this house. Surely tenancy laws are there for a reason? To hold landlords to account? To stop these kind of things from happening? 

So, you reduce rent payments unilaterally, and then get evicted, or (if you're in England) the landlord decides they don't want you as a tenant and issues a S.21 with similar effect (presuming they can), or does more things to make you even less comfortable.

Paying less rent doesn't make the property less dangerous - and it sounds like the works needed would really require the place to be empty.

I'm sorry that you're in this situation. As you're in this bind, is the rent already lower than properties with similar bedrooms/space in your area? Have you sought out any other form of housing, sought to put yourself on waiting lists etc if you qualify.

Edit: if the place is fixed up, then presumably the rent would also rise? 

The landlord did not register my deposit, which will make eviction more difficult for him. I understand eviction proceedings take time. 

Presumably you have evidence of payment of the deposit, hopefully a receipt?

Do you have an in date EIRC, and a gas safety certificate if relevant? 

Your LL can issue an S21 quite easily by returning your deposit in full. That doesn't wholly let you off the hook for damages as he can still try to retrieve the cost through the courts. But it would give you money towards your next tenancy,

What he can't do is escape the penalty for non registration of the deposit. Was this a fixed tenancy that rolled over or have you signed new tenancies each year?

sheramber

Was the house in that condition when you agreed to rent it, so you were aware of them?

soolin

Incidentally whilst eviction might take a while, if the council or other authorities agree with your assertion that the home is uninhabitable then they will expect you to leave almost immediately . They can’t leave you in a very unsafe house once they are aware of it. That unfortunately doesn’t mean they have to rehome you though unfortunately. 

If this place is uninhabitable then you can’t live in it , that’s what uninhabitable means so whilst looking for a suitable solicitor I’d also suggest you start investigating other rental options. A pet or two might make it harder, but not impossible to find somewhere.

good luck.