Page 2 | Witholding my rent AIBU

littledragon99 · 2024-08-15T12:29:16+00:00

I'm a woman in my late 40s, living in a 3-bed Victorian terrace in West London, where I pay £1,200 a month with all bills included. I signed an AST in May. I work in recruitment and DJ on the side. Despite being skilled in my job, financial difficulties have arisen following my mother’s death, and I've struggled with timely rent payments. I’m currently in therapy to manage my depression. Recently, my landlady has begun Airbnb-ing the living room, removing the communal space I was paying for. Given this change, I believe the £1,200 rent is no longer justified. Additionally, she inappropriately contacted my boss, (my boss was my reference) about paying rent directly and has threatened eviction. I’ve consulted Citizens Advice and suspect my deposit wasn’t placed in a Tenancy Deposit Scheme (TDS), which may breach legal requirements. Due to these issues, I’ve withheld my rent since August 1st and am prepared to take further action if needed.

Flixon · 23/08/2024 15:59

frankly you sound like a total nightmare as a tenant. Taking coke ( which is not cheap) and being later with you rent every single month. Your landlady has bills and possibly a mortgage to pay, she's not renting rooms for fun. If I were her Id be booting you out asap. Get a fucking grip and grow up. Paying your essential bills is a basic adult thing to do ... its not optional. Pay up, or get out, but good luck finding someone else to rent to you with that track record !

GoldPlayer · 23/08/2024 14:39

TooFirty · 22/08/2024 10:52

😂😂😂😂😂 brilliant

OP wont end up in a cardboard box because she had a bit of a Columbian Cold following her festival bender, and during that time the earth stopped rotating, bills stopped needing paying, life ground to a halt and the whole world stood still

I hear M&S cardboard is the best for sleeping on. Plenty of that around W.London

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"Columbian Cold" 😂

OhmygodDont · 23/08/2024 13:03

Some country roads take me home one night maybe.

TooFirty · 23/08/2024 11:01

GoldPlayer · 22/08/2024 22:26

Under The Bridge 😂

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The Drugs Dont Work 😂

Enigma52 · 23/08/2024 09:34

OP, what's happening? Have you paid any rent yet?

Poddledoddle · 22/08/2024 23:33

OlderGlaswegianLivingInDevon · 22/08/2024 22:51

tho we don't know if maybe the ll had just gone on holiday ? or maybe needed to urgently look after a sick relative...

Well she's said the landlord hasn't been in residence for 6 months and that she's moved into the room she was letting out on air b and b so we know she hasn't been living their without interruption.

OlderGlaswegianLivingInDevon · 22/08/2024 22:51

tho we don't know if maybe the ll had just gone on holiday ? or maybe needed to urgently look after a sick relative...

Poddledoddle · 22/08/2024 22:39

OlderGlaswegianLivingInDevon · 22/08/2024 22:30

Actually we don't know if the ll was living there at the start or just before, the Op did remember to tell us that there was still belongings of ll in the property and a week or so ago the Op was worried that ll might return to live in the property, then in one of her latest updates she actually said the ll had moved back in - thus knowing/realising she had moved out at some point, but did actually live there...

It's very possible that the Op has ' forgotten ' some details about the last 5 months, just like she ' forgets ' to pay the rent...

But they haven't lived there without interruption by the sounds of it

OlderGlaswegianLivingInDevon · 22/08/2024 22:32

or indeed the Op embellishes her posts according to what practical / legal advice she is being given at that time.

OlderGlaswegianLivingInDevon · 22/08/2024 22:30

Actually we don't know if the ll was living there at the start or just before, the Op did remember to tell us that there was still belongings of ll in the property and a week or so ago the Op was worried that ll might return to live in the property, then in one of her latest updates she actually said the ll had moved back in - thus knowing/realising she had moved out at some point, but did actually live there...

It's very possible that the Op has ' forgotten ' some details about the last 5 months, just like she ' forgets ' to pay the rent...

GoldPlayer · 22/08/2024 22:26

Nchanged89 · 22/08/2024 14:11

🤣🤣🤣

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Under The Bridge 😂

GoldPlayer · 22/08/2024 22:21

PrincessofWells · 22/08/2024 07:54

No, it remains an AST.

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It's an interesting one

https://england.shelter.org.uk/professionalresources/newsandupdates/tenantorlodger

Under the Housing Act 1988 a tenancy cannot be assured or assured shorthold if the landlord lives in the same building, unless it is in a purpose built block of flats. One example would be another flat in a converted house.

However, the landlord must live there as their only or principle home when the tenancy starts and during the tenancy without interruption.

In this case the landlord wasn't living there at tenancy start

Tenant or lodger? - Shelter England

A case study on tenancy status and the right to a court order when tenant and landlord live in the same property.

https://england.shelter.org.uk/professional_resources/news_and_updates/tenant_or_lodger

Nchanged89 · 22/08/2024 14:11

IDontHateRainbows · 22/08/2024 14:07

Crystal Waters, she's homeless...

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🤣🤣🤣

IDontHateRainbows · 22/08/2024 14:07

Nchanged89 · 21/08/2024 23:14

What type of music do you play in your sets OP?

Crystal Waters, she's homeless...

TooFirty · 22/08/2024 10:52

littledragon99 · 21/08/2024 08:06

Someone said my AST turn into a lodging agreement up the thread once LL moves back in and 'claims' she always lived there, which she hasn't, which is a lie. To all those saying I'm going to live in a cardboard box, I've been ill since I finished my DJ set 1st weekend of August

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😂😂😂😂😂 brilliant

OP wont end up in a cardboard box because she had a bit of a Columbian Cold following her festival bender, and during that time the earth stopped rotating, bills stopped needing paying, life ground to a halt and the whole world stood still

I hear M&S cardboard is the best for sleeping on. Plenty of that around W.London

Cherrysoup · 22/08/2024 09:46

ReadingSoManyThreads · 22/08/2024 01:00

Section 8 rent arrears, you can give 2 weeks notice. You're thinking of a Section 21 which is 2 months notice.

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Just been through the process and you need 2 months arrears and then if the tenant won't go, you have to start the process, utterly painful. I'd already given a Section 21. Tenant had police round multiple times, neighbours said oldest child was feral. If I didn't know SS were already involved, I'd have been on the phone.

IcecreamWhatSandwich · 22/08/2024 08:02

fliptopbin · 21/08/2024 16:56

Hang on, does that mean that landlords can circumvent the notice period by moving into a spare room in the house. Then the AST is null and void, they are now a lodger and they can be chucked out within days? And this is legal?
Wondering if I need to be prepared with more money in case my DS's student landlord tries this stunt.

This definitely isn't legal, and the people who have suggested it up thread are completely wrong.

OhmygodDont · 22/08/2024 07:56

Poddledoddle · 21/08/2024 23:44

Its not a choice to be an addict or have poor mental health, they can still change and cough up

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Was a choice to sniff that first line though.

PrincessofWells · 22/08/2024 07:54

Myahee · 21/08/2024 17:34

Not for properties that are rented in their entirety on a standard AST.

A room-only AST is a different type of tenancy, whereby a tenant rents a room/area within the property.

Without a LL living there too, it remains a room-only AST.

If the landlord moves into one of the rooms, the tenant becomes a lodger under licence.

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No, it remains an AST.

ReadingSoManyThreads · 22/08/2024 01:00

Cherrysoup · 20/08/2024 22:30

She can’t give you 2 weeks notice, you signed an AST. She needs to give you 2 months notice, but she CAN serve you a Section 8 as you are 2 months in arrears (did this myself recently). I suggest you remind her that you are legally entitled to 2 months notice, she can’t just decide you’re a lodger because she’s moved back in. However, you really need to pay rent. The court will have zero sympathy if rent is unpaid.

Your deposit is protected, so she is within her rights to evict you. How do you propose getting a reference for somewhere else? Also, any deposit scheme will refuse the return of your deposit due to lack of rent. Shitty of you not to pay rent as she will lose out. I know many anti ll mumsnetters will not care, but this will make life hard for you, she can call the bailiffs to physically remove you.

She can fast track going to court if you don’t move out when requested (in 2 months). It takes weeks, not months via the fast track system, I researched it very thoroughly to get rid of my aggressive alcoholic domestic abusive tenant who didn’t pay rent for 2 months and has the water/TV licence people chasing him having never paid in 2 years. Fortunately, he moved out on the requested date.

Section 8 rent arrears, you can give 2 weeks notice. You're thinking of a Section 21 which is 2 months notice.

Poddledoddle · 21/08/2024 23:44

Edingril · 21/08/2024 23:10

So the op has money for coke but not rent no I do not feel sorry for them it is a choice not to pay rent

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Its not a choice to be an addict or have poor mental health, they can still change and cough up

Nchanged89 · 21/08/2024 23:14

What type of music do you play in your sets OP?

Edingril · 21/08/2024 23:10

Poddledoddle · 21/08/2024 22:49

Ok. I've read the whole thread and actually feel for you, you clearly have mental health problems and a bit of a weekend coke habit. Coke is a party drug and quite expensive. You need to knock that on the head. Apologise to LL and probably the other tenants, come up with a plan to pay rent and the arrears and hope she feels sorry for you. I promise you it's a thousand times better than being homeless in London.

So the op has money for coke but not rent no I do not feel sorry for them it is a choice not to pay rent

Poddledoddle · 21/08/2024 22:49

Ok. I've read the whole thread and actually feel for you, you clearly have mental health problems and a bit of a weekend coke habit. Coke is a party drug and quite expensive. You need to knock that on the head. Apologise to LL and probably the other tenants, come up with a plan to pay rent and the arrears and hope she feels sorry for you. I promise you it's a thousand times better than being homeless in London.

OlderGlaswegianLivingInDevon · 21/08/2024 22:38

@Poddledoddle

The use of the living room is just another of the Op's red herrings.
Use of the living room was never in the tenancy agreement.