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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:
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9
Skippydoodle · 15/08/2024 17:58

Maybe she had no choice about getting in a third tenant, as you had been so flaky with your rent. Yes, you were having problems, but that’s not her problem, and she’s likely got things going on in her own life too. The world doesn’t and never will revolve around you.

Bigcat25 · 15/08/2024 17:57

OK I loathe the finance youtuber Dave Ramsey but he is not wrong about paying your "four walls" first. Since you have no utilities to worry about, this is only rent. This bill is your number one priority above all other debt, which can wait. Then set aside transport to work and food.

Your ll will think you have no intention to pay since you've ghosted her. Unblock and tell her you'll pay her in 2 weeks and intend to get back on track after a rough spell, and work to do that. Block again if you need to. Is there anything you can sell?

I'm Canadian and we have an old show called Till Debt do us Part (also can be found on youtube) where the host helps people learn to manage their money, which obviously a lot of people with adhd can struggle with.

babyproblems · 15/08/2024 17:54

Agree you shouldn’t be withholding rent. The reasons (other problems) you give are entirely separate from you paying the rent- which you have a contract for.

DrRiverSong · 15/08/2024 17:51

littledragon99 · 15/08/2024 17:25

Nope, i get paid in 2 weeks but i've gone no contact with the LL as don't know how to deal

This is what my tenant has done and I can tell you know it causes a huge amount of anxiety for a landlord. Above all I just wanted to know what he’s thinking and if there was anything I could do to help. Instead he refuses to speak to us so ending the tenancy it is. You can’t ignore a problem and expect it to go away. Life doesn’t work like that, you really need to deal with this head on. Get some support if you need it.

Theweepywillow · 15/08/2024 17:50

Brainded · 15/08/2024 17:48

@littledragon99 why are you so bothered about the deposit at this rate you’ll owe the LL so much you’ll never be entitled to it back!!

She’s trying to find a reason to excuse her not paying the rent.

ApplesOrangesBananas · 15/08/2024 17:48

TeenagersAngst · 15/08/2024 15:34

This is not great advice. Withholding rent even for obvious stuff like repairs is not advised and if you do it, there are strict rules e.g. notify landlord in advance, keep rent in a separate bank account and don't touch it.

In this case, the contractual issue seems unclear at best.

I can’t give “great” legal advice unless I was actually to see to the contract. It wasn’t meant as advice anyway I was stating the law. (It’s my day job)

Brainded · 15/08/2024 17:48

@littledragon99 why are you so bothered about the deposit at this rate you’ll owe the LL so much you’ll never be entitled to it back!!

Theweepywillow · 15/08/2024 17:46

littledragon99 · 15/08/2024 17:42

I have looked at TDS - she has protected the deposit but 2 months late, and i never got a certificate

So now you don’t have that leg to stand on either, as it’s protected.

so the deposit is fine, you don’t hav4 a right to the living room. and the bottom line is you can’t afford to live there and should never have rented it, and don’t have the money to pay this months rent,

StickItInTheFamilyAlbum · 15/08/2024 17:46

littledragon99 · 15/08/2024 17:21

I have found my deposit. It is in a TDS but the landlady added it nearly 2 months after i signed the AST

As PPs suggest, you'd be well advised to bundle all of the necessary information together and seek advice on MSE.

https://forums.moneysavingexpert.com/categories/house-buying-renting-selling

The advice there should set you up to talk to Shelter etc. and form a clear picture of what to do.

However, you need a clear vision of what you want.

House buying, renting & selling

For all questions to do with buying, selling, renting and letting homes.

https://forums.moneysavingexpert.com/categories/house-buying-renting-selling

laveritable · 15/08/2024 17:46

YABVU! You have so many excuses! West London is a very expensive area! Why can't you move to a place that suits your income!

Brainded · 15/08/2024 17:46

littledragon99 · 15/08/2024 17:43

I have debts/overdrafts and credit cards as i had a business that went bust previously

@littledragon99 so what are you planning to do? You will owe two months rent any the end of the month!

urbanbuddha · 15/08/2024 17:44

You’re making a major problem for yourself because

  1. your current landlord won’t give you a reference if you don’t pay your rent
  2. your employer is your referee for the rent

Baby steps

  1. email your landlord apologising for the delay in paying
  2. set up a chat with Shelter. Do this now. They are busy and you need a chat where you can get detailed advice.
  3. you will need to tell your employer that you’ve fallen behind with the rent
littledragon99 · 15/08/2024 17:43

Brainded · 15/08/2024 17:41

@littledragon99 what have you spent your money on??

I have debts/overdrafts and credit cards as i had a business that went bust previously

OP posts:
littledragon99 · 15/08/2024 17:42

I have looked at TDS - she has protected the deposit but 2 months late, and i never got a certificate

OP posts:
Brainded · 15/08/2024 17:41

littledragon99 · 15/08/2024 17:25

Nope, i get paid in 2 weeks but i've gone no contact with the LL as don't know how to deal

@littledragon99 what have you spent your money on??

CosmicDaisyChain · 15/08/2024 17:41

littledragon99 · 15/08/2024 17:25

Nope, i get paid in 2 weeks but i've gone no contact with the LL as don't know how to deal

It doesn't seem you are doing yourself any favours here. Any housing advisory service will tell you that withholding rent is never a solution. You say you have been late paying every month 'if you are honest' and are now not paying at all. Obviously you can't just live there free of charge.

murasaki · 15/08/2024 17:39

MyBreezyPombear · 15/08/2024 17:37

Unfortunately for the landlord it does make it a bit more difficult to get her out:

If your landlord has not protected your deposit properly or given you the prescribed information in the right time period, then it should be difficult for them to evict you with a section 21 notice (this is an eviction notice for tenants).

Yes, it will.do, but I bet she'll be trying her best. I would be. Not talking to her is really not helping.

negomi90 · 15/08/2024 17:39

Your rent is two weeks late now, and you won't get paid for another 2 weeks so you aren't going to pay this months rent until its 4 weeks late?
Won't next months rent be due then? Are you going to pay both together?

Also - how did you sign a rental contract without having to sign order form? When ever I was renting (last contract was 5 years ago) I had to sign a standing order form as part of the papers when I was signing the contract. Rent then came out of my account automatically.
Top tip - have a accommodation bank account. My payslip goes into my current account, the next day I have a standing order which moves money to cover mortgage/rent into another of my accounts. Standing order takes out housing money when its due. I don't need to think about it, and day to day money can't impact housing money. Took me about 5 mins to set up 10 years ago when I started working. Used the account to pay rent and now mortgage.

MyBreezyPombear · 15/08/2024 17:37

murasaki · 15/08/2024 17:35

You are out as soon as she legally can get you out. She may have to pay the deposit x 3 etc, maybe not since you seem to be confused about months from your previous posts, but if so, you can use that for a new place. But don't expect a reference from her.

Unfortunately for the landlord it does make it a bit more difficult to get her out:

If your landlord has not protected your deposit properly or given you the prescribed information in the right time period, then it should be difficult for them to evict you with a section 21 notice (this is an eviction notice for tenants).

OhmygodDont · 15/08/2024 17:35

Pondering out loud here.

If the landlady moved back in.. would than end the ops ast on the end date and then transfer her to a lodger….

murasaki · 15/08/2024 17:35

You are out as soon as she legally can get you out. She may have to pay the deposit x 3 etc, maybe not since you seem to be confused about months from your previous posts, but if so, you can use that for a new place. But don't expect a reference from her.

WishICouldWinnow · 15/08/2024 17:33

So you will be a month behind on rent by the time you get paid. Will you be able to pay two months rent at once?

Whichbagtochoose · 15/08/2024 17:33

So op can’t pay the rent, had never paid on time and is now looking at any excuse not to pay? Absolute nightmare tenant and at this rate is heading for homelessness of their own making. There are no rights here. Op has not been paying rent.

OhmygodDont · 15/08/2024 17:29

You can’t just go no contact with your landlady wtf 😬

Do you even want to live there because you sound like you don’t. Trying to find little gotchas and not paying rent.

You can’t just decide oh well I’m going to pay half now and some later. Jesus. Your lucky rent payment are not on credit files. I think they should be tbh.

You are your own worst enemy. How did you even end up in this house share. Your poor reference provider must regret their choices.

Enigma52 · 15/08/2024 17:29

OP, why are you not going to pay your rent? L?? Where will your pay go? Pure madness!!