Witholding my rent AIBU

Even if ll has failed in something I don’t think advising someone whose mental health is already not great to go through court processes and its stress is a good idea.

complain about lounge etc all you want to LL and threaten her all you want; but then you try to negotiate with ll. unless your plan is to live there without paying rent or paying whole rent? The latter part I realise is what you asked - a reduction in rent in lieu of changes in lounge use. I would focus all my energise on that after visiting Shelter. Ll can take action and you might win some, but overall you will be homeless and intentionally homeless the council won’t touch you.

i wish those giving you advice disregarding your state of mind and what you can realistically cope with are aware they are misleading you!

The fines for renting out to too many people without a HMO licence are enormous. A LL would need to be crazy to risk it.

You said you spend most of your time in your room anyway, so the living room being unavailable shouldn't bother you half as much as your late rent bothers her.

The OP is looking for any excuse to avoid paying her rent.

As a smokescreen.

You can see if your deposit is protected here:
https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected

If she has now correctly protected it she can serve notice but you could claim three times your deposit in compensation for the late protection.

With all due respect @littledragon99 whether she has an HMO licence or not is not your business as such. You are using this as. Smokescreen…YOU need to pay your rent. End of discussion.

The landlord is not resident so he is a tenant if he has a specific space, for a specific sum , for a specific period as that is a definition of a tenant .

I'm sorry OP but you sound really irresponsible.

ADHD shouldn't be used as the reason for not paying rent in time - set up a DD.

Does NOT paying your rent on time not make your anxiety skyrocket? It should. You’re being called out on your shit, don’t use anxiety to retaliate against it.

And yes, I have ADHD too, but also have a standing order for the same date every month?

I don’t think the ops really interested in paying her rent. Just the comments to stick it to the landlord some how.

Don't withhold your rent - you're making your housing situation more precarious and now she's bringing your boss into it. Your boss will be less likely to provide a reference next time if you extend this out. If she's telling the truth about renting the living room bc you're unreliable, then continuing this isn't helping.

Given you've failed to pay your rent on time might you have missed an email about the deposit? In my old flat, i rented before it was necessary and it came in half way through, they emailed me with the details when it became law.

You need to read your agreement, does it specify the communal areas in the agreement? If so and she’s taken one away I’d request a reduction. Don’t not pay your rent though, she’ll just give you notice for a legitimate reason.

It is likely as you are paying your rent late regularly that she’ll give notice either way.

Witholding rent is never a good idea. Can lead to CCJ against you, wreck your credit rating, count against you when trying to rent again.
Check the house is registered as a HMO. You can check this with local council.
LL has to give you a copy of the deposit registration. The LL is entitled to keep your deposit in their own bank a/c but pays to insure it with the deposit scheme. You should also have been given a gas safety certificate ( check date) electrical safety certificate ( again check date) and a copy of your rights as a tenant. I always gave a completed legionella risk assessment and a fire risk assessment but I’m not sure if they’re compulsory. Shelter will know.
You must also have adequate smoke detectors and carbon monoxide detector/s.

As pp have said speak to Shelter. If the LL hasn’t failed on any point then you either negotiate for a reduced rent, pay agreed rent or move.

Hope you get it sorted. And I’m sorry for your loss.

No it is a house of multiple occupation not a resident lol from what she said. It would appear she is in breech of contract if the communal space is agreed.

But that is not in the contract AFAIK. It seems LL is within her rights to use it for another tenant especially as OP is unreliable paying her rent. This may well mean LL is not getting what she needs to pay the mortgage.

Yes licensing specifies size of individual rooms, size of communal spaces eg. kitchen but to get the licence in the first place the building would need to meet licensing regulations. If a house share is licensed for 4 rooms but only has 2 rooms let out the LL still has the right to let out the other 2 unoccupied rooms. It sounds from OP's post like only 2 rooms were originally let out once she moved in. Now LL has let out another room but as an Airbnb. A house with only 2 rooms to let doesn't even need a license. Only 3 rooms or more let to unrelated people need a license.

Given op is clearly in a vulnerable position, I would think the shelter advice is the best.

followed by op focusing her energies on sorting herself out by 1) paying off the rent arrears; 2) pay future rent on time and if all that is not possible 3) going to Council to advice them you are vulnerable and need help with your mental health, housing etc and follow their advice.

You cannot withhold rent to make any sort of a point.

That just gives her a clear legal reason to evict you, so thats stupid.

You should pay your rent on time, again thats giving her reason to evict you - sent it up via a DD or SO.

The way to alter things, if it is possible to do this and it might not be, she could simply not renew your contract once it is up, and evict you that way...

Is to find out if shes breaching her HMO licence.

She will be licenced for a certain number of tenants/rooms - it sounds like at least originally, that was 3 rooms, and she has now turned the communal living space into a 4th room. If she is still licenced only for 3 rooms, then she could be in the shit legally and with the local authority that issued the licence.

They don't HAVE to provide a communal living room...

But only if the kitchen is big enough! You'll need to contact your local authority to find out a/ if the kitchen is big enough to allow the landlord to not provide a communal living room and b/ if there is a licence for 4 rooms.

Then you may have something in your favour - however your history of not paying rent on time and now withholding rent is not going to help matters at all - I would suggest you pay rent on time, every time and pay the outstanding money now, or find somewhere else to rent.

If you do try to take on the landlord there is a good chance that even if its clear they are not following their licence, they will find a way to evict you.

She's probably air bnbing the living room to cover the fact that your rent is always late.

So you want to be able to live rent free, or just paying some or late payments and you want use of another room that you're not paying for either and you think that's reasonable?

Really?

Op, five months in you’ve been late or not paid, you’re now withholding rent on the premise of objecting to her renting the living room. Which you do not pay for and know full well you’re not entitled to. There is no longevity of relationship here.

do you have the money? If so pay the rent. If not then you can’t pay but get onto the council and shelter as it is over whelmingly likely you will be homeless and need to be housed in a few months.