Legality of withholding rent

BazDM

Hey guys,

First time poster, don't hit me too hard if I'm doing it in the wrong forum!

Just a quick question. Sister is a student, renting a place with friends. She went away for a weekend, during which there was a huge leak, ceiling tiles everywhere, dried in mould (very strong smell and probable health risk). So obviously she can't stay there, and is having to sleep in the lounge.

It's been about a month and it's still not been made good (holes in ceiling, smell). We are thinking of withholding the rent until it's done -- they have warned us that it's "in breach of contract", but surely they are in breach by not providing a habitable room? Property being managed by the dreaded Foxtons.

Do I have a legal leg to stand on? I don't want all her housemates to get evicted if she doesn't pay.

Cheers!

Baz

Barcode

You do have a leg to stand on. If your sisters contract is anything like mine, there should be something to the effect of (and I'm paraphrasing here since I can't remember).

- The landlord is responsible for keeping the property in a habitable state. If the damage has not been intentionally caused by the tenants, then the landlord has a responsibility for fixing it and paying for any associated costs.

Your sister and friends are going to need to take photos of the damage, find the relevant part of their contact, quote it, and send a strongly worded written letter to the estate agent. You should not pay rent on a property you cannot inhabit through no fault of your own.

Earlier this year, the carpet tiles started coming loose on our stairs and in the living room. We kept trying to fix them, but kept slipping. My housemate actually went flying down the stairs at one point which was very dangerous.

Here's what happened:

First the estate agency (CountryWide Lettings) denied that it was their responsibility. After much complaining, they contacted the landlady who insisted we should pay for the cost of recarpeting the whole house. We then quoted our tenancy agreement and pointed out that it was normal wear and tear since the carpet was years and years old.

After FOUR months, we had a new carpet and all is well.

But we had to document every bit of damage, scrutinise our tenancy agreement and seek professional advice.

Landlord's often try to take advantage of students - don't let them do so. Tell your sister to cancel the direct debit until the house is liveable.

MattLG

Barcode wrote:

You do have a leg to stand on. If your sisters contract is anything like mine, there should be something to the effect of (and I'm paraphrasing here since I can't remember).

- The landlord is responsible for keeping the property in a habitable state. If the damage has not been intentionally caused by the tenants, then the landlord has a responsibility for fixing it and paying for any associated costs.

If I understand the law correctly, that doesn't even need to be in the contract as it's already a legal requirement for the landlord to maintain teh property in a habitable condition.

Go to the Citizen's Advice Bureau to double check.

MattLG

Bestthingsinlifearefree

aaaahhhhh.....the joys of renting :rotfl:

Poppycat

You could always get environmental health involved. I remember in the 80's when I was renting the flat always smelt of damp, I use to have to throw clothes away it was that bad, people I knew commented how I smelt of damp, my health suffered often sick from college and got bronchitis. At the time I saw CAB and was told not to withhold rent even though the place was uninhabitable, think they advised me to write to the landlord. In the end I got the council environmental services, they condemned the flat and I soon moved out into another flat

Fran

Absolutely do not withold rent!

They are 2 seperate issues. You will break the contract if you don't pay and could be evicted.

Check the Shelter website.

jezza1O1

Bestthingsinlifearefree wrote:

aaaahhhhh.....the joys of renting :rotfl:

yep, getting landlords to pay for all our maintenance - great isnt it . Each time the boiler blows up I sit back and let the landlord do the waiting in for the gas man. Quality !



Yes, you are well within your rights to withhold the cash, there isnt much they can do without going to the courts and assuming the story above is as sounds, you will prob win any dispute.

Rather than hang around waiting for a decision what you might do is this:
Carry out the repairs yourself and deduct costs from your rent. Ensure you keep receipts for all costs and supply this all to your landlord clearly stating what you have done.

Of course !!!!!! off your landlord isnt great as they can ask you to leave, but my student lets were always 1yr agreements so they can only break the contract for a good reason and through the courts - again you should win any dispute.

Talk to the CAB, and also student services should have someone to advise you. Always take forum advise with a pinch of salt, I can only talk from my experience. But remember as the rent payer you are in control - landlords will try to screw you for every penny, dont let them.

Natelle_2

This link may help you in your search for information and guidance,
http://www.odpm.gov.uk/stellent/groups/odpm_housing/documents/page/odpm_house_601824.hcsp

Fran

Did you look at the Shelter site - Risk of eviction?

gingercordial

Yes the landlord is probably in breach of contract for not providing habitable accommodation, BUT do not breach contract yourself by withholding rent (not yet anyway).

Tell your sister to go to her university accommodation office - when I had problems with my landlord they were great, excellent advice and they even had access to a free lawyer if it had gone any further.

One of my friends managed to get his landlord to reimburse him for alternative accommodation when his flat was uninhabitable due to no heating in winter, but I don't know if this is a legal right!

BazDM

Hey guys,

What a wonderful response for my first post! Thanks everyone.

Fran: I checked the Shelter site, thank you. Apparently my sis could theoretically be evicted if we withhold the rent so not sure if we're going to do this yet. She has no where else to stay (I am abroad).

I think I am going to follow Barcode's advice first, send a strongly worded letter with photos and with what I want done, cc'd to our Property Manager's boss, the CEO of Foxtons, everyone relevant I can think of.

Apparently, the damage is an "insurance issue" because it is quite a big job, and the agent is saying that he can't book the job without word back from the landlord as to which of the two quotes they got to go with. He has been "emailing her" for a week now. I am going a bit crazy with anger: must divert that anger into a well-written letter.

Natelle: that was an excellent document. Does anyone think I should approach the council to get a repair order relating to the mould in the carpet which could be dangerous?

Poor sis! :-(

Baz