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Witholding my rent AIBU

831 replies

littledragon99 · 15/08/2024 13:29

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.

OP posts:
Thread gallery
9
CosmicDaisyChain · 16/08/2024 09:54

littledragon99 · 16/08/2024 09:40

sorry it’s ADHD. I definitely signed the contract in march. My deposit was protected 2 months later in May. It feels like the landlady moved out very recently since cupboards & shelves are still full of her sh**. She also pays for a cleaner weekly who doesn’t give us notice she just lets herself in

Edited

Like I said, you're just not taking any advice on board. This thread seems pretty pointless if you are just not listening to any of the advice you've been given. In fact you are just ignoring the people who keep asking if you have heeded the advice yet and rattling on about cleaners and cupboards instead. It's a wonder how some people navigate adulthood in the real world.

00BonneMaman00 · 16/08/2024 09:49

You will be evicted if you don't pay your rent.

OlderGlaswegianLivingInDevon · 16/08/2024 09:49

' It feels like the landlady moved out very recently since cupboards & shelves are still full of her sh**. '

sigh, what cupboards and shelves.
you are not being nosy / snooping are you

sigh oh another issue ' She also pays for a cleaner weekly who doesn’t give us notice she just lets herself in ' You didn't realise the rent which you don't pay on time and apparently never have includes cleaning ? bargain !

of course the cleaner has a key, you don't think the landlady expects professionals to be home during the day to let a cleaner in ?!!!
I guess the landlady thinks her tenants/lodgers are at work through the day.

Enigma52 · 16/08/2024 09:46

Also OP, is your employer your guarantor? If so, that's why the LL has been in touch with them. LL wants her rent. If you don't pay it, the responsibility falls with the guarantor?

iwishihadknownmore · 16/08/2024 09:40

GoodLordyTheExcusesWeMakeForThem · 15/08/2024 15:58

Wow who pissed in your porridge today? Got a tenant giving you trouble? Sometimes it can be quite fun to drop the tenancy delosit protection scheme bombshell on LL’s when they threaten eviction and watch the colour drain from their face as they realise you can take them for an absolute fortune if they continue to threaten your home and your entitlement to peaceful enjoyment of it. If they want to be LL’s then they have a responsibility to be good ones and know the legislation. Ignorance of the legislation is not an excuse and will cost them dearly. Of course the op SHOULD pay her rent on time. However references wont be too much of an issue since the LL is unlikely to be able to grt an eviction order without paying back her deposit in full and a damn site more in compensation allowing the op to pay a huge amount of rent upfront. Most LL’s will forgo references when faced with a year or more in rent paid upfront.

TPS rules are compensation of between 1x and 3x the deposit & a deposit cannot be more than 5 weeks rent (AST)
So the maximum a LL would have to pay back would be approx 4 months rent (England) but might be just 5 weeks and even that depends on the deposit paid.

Eviction orders can take a long time but at the end of the day, you'll be evicted and will need to find somewhere else only now you have added stress and strain to your life, have a court order against your name and no private LL will touch you.

I think you re being v optimistic if you think you'll get a years rent back.

littledragon99 · 16/08/2024 09:40

OlderGlaswegianLivingInDevon · 16/08/2024 09:36

Furthermore your posts are full of inaccuracies - you moved in during March but signed the contract in May.
so I rather suspect the deposit was protected on time.

You said the landlady didn't live there - she lives miles away, but then you say she only moved out 6 months ago.

Pay the rent, find somewhere you can afford to live and move out.
and next time always always pay the rent make it the first thing you pay when you get paid, if you run out of money for ' life ' then you will have to use food banks until you can manage your money better.

sorry it’s ADHD. I definitely signed the contract in march. My deposit was protected 2 months later in May. It feels like the landlady moved out very recently since cupboards & shelves are still full of her sh**. She also pays for a cleaner weekly who doesn’t give us notice she just lets herself in

OP posts:
Enigma52 · 16/08/2024 09:39

@littledragon99 Why don't you make an appointment with either CAB or Shelter, to get some proper advice on your situation? No one on MN, knows your income or outgoings ( except your rent, which you are not paying).

There are many organisations which can assist with debt ( Stepchange?) and they will be able to advise on how to proceed, so that things don't spiral further. CAB are excellent, please do call or drop into your nearer centre ASAP. It might be that they can help you consolidate all your CC debts into one, so that you are only paying one affordable debt each month.

Communication with your LL and with those whom you owe money, is key. Keep talking to them, don't withdraw contact, it won't end well.

Rent is obviously your biggest expense. You say you don't want to move , but £1200 for a room in a shared house, does seem a lot. Have a look on Spare room for cheaper accommodation? Or look at cheaper areas?

Are you entitled to any benefits; universal credit for example? Would using a food bank help, whilst you are struggling? Again CAB can assist with all of that.

Be proactive OP, take back control. Tell your LL what's going on and then get down to CAB pronto.

Cosyblankets · 16/08/2024 09:38

Whether she's got a licence or does air bnb or anything else doesnt change your financial situation
If you want to live there then you pay the rent
If you can't pay the rent then you move
No amount of advice regarding what she has and hasn't done about deposits and licences is going to increase the amount of money you have

Starlight1979 · 16/08/2024 09:37

littledragon99 · 16/08/2024 09:17

Yes she only moved out about 6 months ago and she still has her stuff in cupboard under the stairs. If she moves back in I will become a lodger & then she can kick me out ?

Edited

She can kick you out for not paying rent. Whether she moves back in or not is completely irrelevant. Same applies to the deposit scheme. And the AirBnB let.

Not sure why you're just ignoring what everyone is saying. Weird.

Find somewhere else to live that you can afford.

betterangels · 16/08/2024 09:36

You're working awfully hard to try to discredit your landlady. Maybe focus on paying your rent.

This thread is actually crazy.

OlderGlaswegianLivingInDevon · 16/08/2024 09:36

Furthermore your posts are full of inaccuracies - you moved in during March but signed the contract in May.
so I rather suspect the deposit was protected on time.

You said the landlady didn't live there - she lives miles away, but then you say she only moved out 6 months ago.

Pay the rent, find somewhere you can afford to live and move out.
and next time always always pay the rent make it the first thing you pay when you get paid, if you run out of money for ' life ' then you will have to use food banks until you can manage your money better.

CosmicDaisyChain · 16/08/2024 09:34

littledragon99 · 16/08/2024 09:03

hang on.. I think she’s got around this by mixing up Airbnb + ast’s - is that even legal? Was it legal for her to contact my boss with out telling me first and asking him to pay her directly ? Massively undermining my professional relationships

You've really not taken any of the advice on board have you?

ApplesOrangesBananas · 16/08/2024 09:29

littledragon99 · 16/08/2024 09:05

I actually don’t want to move out I need stability but I’ve run out of money

OP, be honest. If the living room wasn’t being let out on Airbnb would you be still be paying? Can you afford it?

OlderGlaswegianLivingInDevon · 16/08/2024 09:25

' I think she’s got around this by mixing up Airbnb + ast’s - is that even legal? '

stop worrying about other issues

you are not paying your rent, it appears you never have paid properly on time - is this legal ! sort out your issues instead of wondering if what the owner of the property does

'Was it legal for her to contact my boss with out telling me first and asking him to pay her directly ?'

maybe she was actually trying to help - in light of your health issues she thought it would be easier to get paid directly from your source ?

do you realise that for some debts that the creditor can get payment directly from one's employer - i believe Council Tax is one, it's called an attachment of earnings

' Massively undermining my professional relationships ' and you are being massively unprofessional regarding your rent and forgetting to pay it.

friendlycat · 16/08/2024 09:24

littledragon99 · 16/08/2024 09:05

I actually don’t want to move out I need stability but I’ve run out of money

But you are expected to pay your rent.

boobleblingo · 16/08/2024 09:24

She can kick you out anyway, because you are not paying your rent.

If you want stability you need to move out, find a place you can afford, and pay your rent on time.

StickItInTheFamilyAlbum · 16/08/2024 09:23

littledragon99 · 16/08/2024 09:17

Yes she only moved out about 6 months ago and she still has her stuff in cupboard under the stairs. If she moves back in I will become a lodger & then she can kick me out ?

Edited

OP, if you've gathered all the information, have you had a webchat with Shelter?

CosmicDaisyChain · 16/08/2024 09:23

TwinklyAmberOrca · 15/08/2024 20:36

Well the plus side is that she can't evict you with an S21 unless she returned the deposit in full first.

On the other hand she could issue an S8 if you get 2 months behind on rent.

If your contract doesn't mention communal areas then nothing you can do.

Either accept it or move out on 9th September at the end of the 6 months and move somewhere else.

Ps - don't use ADHD as an excuse. Just use a visual calendar in the room and write in your rent date or set reminders on your phone.

My understanding is if you are consistently late paying then you don't have to be 2 months in arrears for a section 8?

littledragon99 · 16/08/2024 09:17

OlderGlaswegianLivingInDevon · 16/08/2024 09:16

' & still freaked out she might move back in when one of the airbnbs move out '

so she did live there before ?

so you are becoming concerned that if she lives there you may actually be a lodger and not a tenant ?

what you need to be concentrating on is ...paying the rent !

Yes she only moved out about 6 months ago and she still has her stuff in cupboard under the stairs. If she moves back in I will become a lodger & then she can kick me out ?

OP posts:
OlderGlaswegianLivingInDevon · 16/08/2024 09:16

' & still freaked out she might move back in when one of the airbnbs move out '

so she did live there before ?

so you are becoming concerned that if she lives there you may actually be a lodger and not a tenant ?

what you need to be concentrating on is ...paying the rent !

Starlight1979 · 16/08/2024 09:09

@Unmumsymofo

im a property owner before you come at me. I don’t have skin in the game. But I don’t come from a property owning family, and I remember the hussle 15years ago of renting. It looks bleak still…

The hustle of renting?! WTF?! There is no hustle. You choose a property you want to live in and you agree to pay rent each month to the person who owns the property. You sound as entitled and bitter as the OP.

We had a second property we ended up selling. It would have been a far better financial decision to rent it out as it would have been our pension in years to come but the prospect of renting it out and ending up with tenants like this was just soul destroying.

littledragon99 · 16/08/2024 09:05

I actually don’t want to move out I need stability but I’ve run out of money

OP posts:
drowninginsick · 16/08/2024 09:04

littledragon99 · 16/08/2024 08:36

Also discovered LL does not have an HMO licence & still freaked out she might move back in when one of the airbnbs move out

Depending on area this might be ok,
Some regions only need it for certain areas or more than 5 people I believe.

Op you need a plan!! What's best case scenario for you!

If you want to move and she wants you out maybe cut a deal?

littledragon99 · 16/08/2024 09:03

Cosyblankets · 16/08/2024 08:45

Does she need a licence?
It says you need a licence if its 5 or more people and it's their sole residence?

hang on.. I think she’s got around this by mixing up Airbnb + ast’s - is that even legal? Was it legal for her to contact my boss with out telling me first and asking him to pay her directly ? Massively undermining my professional relationships

OP posts:
tuttuttutt · 16/08/2024 08:59

You can find out all you want but you're still out on your ear in a few weeks if you don't pay rent then no one else will touch you