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To not pay my rent?

(19 Posts)
firstnightwemet Wed 26-Apr-17 17:57:31

My house got flooded due to a plumbing issue and this is the second time it's happened.

We have had to use time off work and the utility and downstairs toilet are unusable and my washing machine is now broken.

As it's the second time we have only paid 75% of the rent. Landlord has threatened that she won't pay for the repairs until we pay rent in full. Who is being unreasonable?

HelenaDove Wed 26-Apr-17 17:58:56

Is this a private landlord or HA.

Crisscrosscranky Wed 26-Apr-17 17:59:13

I think the legal position is YABU.

cestlavielife Wed 26-Apr-17 17:59:33

you need to call shelter and get legal advice.
england.shelter.org.uk/housing_advice/repairs/doing_the_repairs_if_your_landlord_wont
No right to withhold rent

You do not have the right to stop paying rent because your landlord won't do repairs.

Your landlord can take steps to evict you for rent arrears if you don't pay the rent. In most cases a landlord has to go to court to get an order to evict you. The court could decide you should be evicted if you have rent arrears.

Call Shelter's free national helpline on 0808 800 4444.

watchoutformybutt Wed 26-Apr-17 18:00:19

I only know what I've read on here so may be wrong but I think you're always in the wrong not to pay the full rent. You're better off paying the rent and seeking advice on how to get the work done if landlord is refusing.

HelenaDove Wed 26-Apr-17 18:02:10

Having read your OP again i can see its a private landlord. I dont blame you for not wanting to pay the rent.

HermioneJeanGranger Wed 26-Apr-17 18:03:09

YABU.

You can't decide to only pay 75% rent without agreeing it with your landlord first!

HelenaDove Wed 26-Apr-17 18:03:52

If its the second time this "plumber" has flooded you out report him to his professional body.

MsJamieFraser Wed 26-Apr-17 18:04:19

Don't pay, but you will face eviction, call shelter and environmental health.

LIZS Wed 26-Apr-17 18:04:35

If you withhold rent you need to be very careful, it can be grounds for eviction. Agree with looking at Shelter as to how to approach them , also if the toilet is affected you could speak to the council private housing/environmental health for advice and ask whether they could liaise with ll. Why have you taken time off, ll or agent should be allowed access property for repairs.

Chocmudpie Wed 26-Apr-17 18:04:58

You have to pay all your rent but then take it further via the right process. What was the point of just doing 75% thats basically all of it so you may as well pay it all? Take it through the proper legal channels and get a new washing machine out of her the right way. Keep all records of correspondence and eventually i would look to move.

wheresthel1ght Wed 26-Apr-17 18:05:32

sorry YABVU.

You have a legal obligation to pay the rent, she has a legal obligation to fix things as they occur. You have to follow very strict guidelines before you withhold rent. You need to pay her

HelenaDove Wed 26-Apr-17 18:06:31

Because otherwise she will probably keep sending round the same cowboy to fix it and it will happen a third time.

HelenaDove Wed 26-Apr-17 18:09:52

LIZS I dont know about anybody else but i would certainly want to be there if they keep sending round workmen who dont know what they are doing.

It also voids the contents insurance if any of the OPs property goes missing or gets damaged. The insurance co. would say "Well you chose to have workmen there without supervising them.

LIZS Wed 26-Apr-17 18:22:38

I don't think it is clear that there was a plumber sent round first time.

hibbledobble Wed 26-Apr-17 18:53:52

Yabu

What consequential loss have you suffered? It would be reasonable to ask for reimbursement.

user1490044978 Wed 26-Apr-17 19:15:51

If you do decide to withhold the rent, place it in an account to prove that the rent money has been set aside to be paid upon solution to the issue at hand. A friend of mine ended up in deep water when withholding rent for a similar reason and found themselves in court. The court stated that had they been able to prove intent to pay and kept the money on one side their actions would have been seen more favourably. Perhaps check with a solicitor to be on the safe side?

ChuddaBum Wed 26-Apr-17 19:51:35

I think you can use the rent money to pay for the work done but it's a very long process that involves sending letters to the landlord about what needs doing, waiting a reasonable amount of time for a reply or the work to be done, sending another letter if nothing done, waiting some more, then another letter saying you'll use be rent to pay for work to be done if they don't sort it by x date, waiting some more, getting quotes for the work, sending another letter if nothing is done still, waiting some more, sending another letter saying you're going ahead as they've done nothing, getting the work done, then sending the invoice to your landlord to say you've had this done and this was the cost and will be deducted from your next lot of rent.

harderandharder2breathe Wed 26-Apr-17 19:58:29

Morally yanbu but unfortunately legally yabu

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