Can I withhold rent until this is resolved?

[freddiefrog]

We (me, DH, DD1 -11 and DD2 - 7) rent our house through a letting agency.

Our house is an old converted farm building in a private road of 8 properties. There is the original farmhouse owned by our landlord, who owns all the properties here. He lives abroad and just uses the farm house as a holiday home (we've seen him once in 2.5 years)

Our sewage system is by means of a cesspit and due to the layout of our road, the cesspit has 2 pumps which keeps all the drains clear between houses and cesspit (as the road is uphill). Landlord is responsible for maintenance and all costs related to this.

Last week, our toilets started blocking, we reported it to the letting agency, and several times since. Nothing has been done. Today we are swimming in sewage. Can't flush the loos, use the bath or shower, washing machine/dishwasher, etc as we are totally blocked up. We are closest to the cesspit so we get hit first.

The landlord hasn't bothered to set up a proper maintenance agreement on it, so letting agent send out a handy man who bodges a fix and all is ok for another few months.

This is the 5th time we've been in this situation since we moved here

Handyman came earlier, both pumps to the cesspit are not working. Their electrician not available until Wednesday

So, IMO they need to send out an emergency electrician. Landlord won't agree to pay for it.

Can't use Dynarod, etc as an emergency drain clearance due to the system of the pumps/cesspit, etc

In the meantime, we have no usable toilet and I've just been found to a friends house for a shower.

So, can I withhold rent (due tomorrow) until fixed, or demand they put us up in a B&B until its fixed?

Thanks!

[MousyMouse]

as this is a health risk you can contact environmental health of your council.
also contact shelter with regards to withholding rent. it can be done but you need to follow certain steps to avoid eviction/bailiffs.

[freddiefrog]

Thanks!

Last time it happened I contacted Environmental Health who informed me that as it was a private road and it was a private tenancy there was nothing they could do. I'll try them again though.

I'll have a look at the link.

I don't mean I want to not pay the rent at all, just not pay until its fixed iyswim

Thank you!

[izzyizin]

Witholding rent is not a good idea unless the landlord has received due warning and the sums owed can be seen to be kept in a separate account until any dispute has been resolved.

That said, I see no reason why you should not pursue a claim against the landlord and, to that possible end, I suggest you take photos of the sewage/damage.

If you are in England or Scotland, Shelter //www.shelter.org.uk have a free housing advice line 0808 800 4444 for tenants. In the unlikely event that they're unable to help, please come back here - and do please come back with an update.

[izzyizin]

Sincere apologies, Mouse - I didn't see that you'd already suggested Shelter to the OP.

[freddiefrog]

Thank you!

As of half an hour I can flush my loos and use the washing machine as they sent out a lorry that has pumped the whole thing out.

Should stay clear now until the electrician arrives on Wednesday.

I just want it fixed once and for all now as this keeps happening every few months

I'll see what happens next week with the pumps before taking it any further

Thanks!

[izzyizin]

You're welcome, freddie. Hurrah for flushing loos! How were you able to accomplish this miracle?