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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
LadyGabriella · 15/08/2024 14:44

LadyGabriella · 15/08/2024 14:42

A 3 bed Victorian terrace in London for £1200
pcm rent? That’s insanely cheap. Withholding rent here is so shitty.

Ok I’ve just re read your post. If you are paying for a room only then that changes things. Yes the landlord is being unreasonable for air bnb ing the living room - that’s incredibly greedy. I agree you should have access to it as your communal
living space.

littledragon99 · 15/08/2024 14:44

MyBreezyPombear · 15/08/2024 14:42

Were you notified when she panicked and did it later?

no, should i have been?

OP posts:
Sinderalla · 15/08/2024 14:44

You need to keep paying rent if you want to get any help & win.

PashaMinaMio · 15/08/2024 14:43

Purpleraiin · 15/08/2024 13:34

You cannot legally withhold rent.
As for your deposit, if it was protected you should have been given the info of who it was protected with within a certain time frame of signing your tenancy, I believe its within 14 days but could be wrong. If you don't have that info then request it, if it wasn't protected within the time frame then you are able to claim back more

I’m a LL.

If she hasn’t protected your deposit in a Government recognised scheme within the legal time frame you can sue her for 3 times the deposit if she kicks off. Ask Shelter about this
just in case the rules are different in house sharing.

I lodge deposits with the Tenancy Deposit Scheme (TDS) and my tenants have access and copies of their certificates.

Ask her which Scheme she has regd your deposit with and to let you have the password or a copy of the certificate of registration. By law you are entitled to this. Watch her go pale if indeed it’s not regd.

Pay your rent! It will go against you in court if you don’t. You might get a County Court Judgement (CCJ) against you and you teally don’t want that.

At the very least it’s a roof over your head. Winter’s coming! Don’t mess up, whatever the provocation, if you can help it. Meanwhile, look around for something else.

Comefromaway · 15/08/2024 14:43

caringcarer · 15/08/2024 13:55

If you rent a room in a shared house the only space your LL has to provide is your own room, shared bathroom and shared kitchen. They can provide more communal space but that is optional. If your LL is providing this and you are not paying your rent on time most months and no rent in August it will only be a matter of time before your LL gets a section 8 and you will be evicted. Regardless of your reasons for not paying your rent in time instead of contacting your LL and trying to reach an agreement on what you can pay and when, you unilaterally decide not to pay any rent at all. Your LL should have got your deposit protected. Provided it is protected before she goes for a section 8 there is nothing you can do. If you don't want eviction pay your rent. Your LL is not a charity and you will be causing her distress as she likely still has a mortgage to pay.

Not necessarily true in London. Most local authority areas require HMO's to be licensed and the licence will specify the number of occupants allowed. There are also rules about sizes etc of bedrooms and whether there need to be locks on doors

Look carefully at what the tenancy agreement says about communal spaces plus how it was advertised and contact Shelter ASAP.

But don't withold rent.

urbanbuddha · 15/08/2024 14:43

Mate, I honestly think you need to start looking for somewhere else. Your tenancy’s up in a month and you’re withholding rent.

littledragon99 · 15/08/2024 14:43

Brainded · 15/08/2024 14:40

But you still get paid yes? Why is your rent not set up on a direct debit or standing order on the day after you get paid?

First month i had a a £3k overdraft that suddenly ended and my salary got sucked into that black hole. I was able to pay, but late. 3rd month i paid both month 2 and month 3 in 1 go

OP posts:
MyBreezyPombear · 15/08/2024 14:42

@Theweepywillow I'm glad it wasn't just me thinking that

BigComfyTracksuit · 15/08/2024 14:42

I don't get what you want OP?

You can't live anywhere for free. If you don't like the house leave, if you want to stay pay and pay on time. You aren't a prisoner and if you have anxiety maybe leaving is best.

It sort of feels like you want to live there and not pay rent because you're a bit stressed.

MyBreezyPombear · 15/08/2024 14:42

littledragon99 · 15/08/2024 14:40

So when I went to citizens advice, she hadn't put it in otherwise i was told i would have been notified. However since I threatened her with this, knowing her personality a bit i think she might've panicked and done it later

Were you notified when she panicked and did it later?

LadyGabriella · 15/08/2024 14:42

A 3 bed Victorian terrace in London for £1200
pcm rent? That’s insanely cheap. Withholding rent here is so shitty.

littledragon99 · 15/08/2024 14:40

MyBreezyPombear · 15/08/2024 14:38

Why do you think she's only put it in a TDS in the past 30 days?

So when I went to citizens advice, she hadn't put it in otherwise i was told i would have been notified. However since I threatened her with this, knowing her personality a bit i think she might've panicked and done it later

OP posts:
Brainded · 15/08/2024 14:40

littledragon99 · 15/08/2024 14:38

I went into major depression/withdrawal, for some reason I'm able to switch it on at work and sell but when i'm at home i just collapse, i barely leave my room tbhi

But you still get paid yes? Why is your rent not set up on a direct debit or standing order on the day after you get paid?

Theweepywillow · 15/08/2024 14:39

littledragon99 · 15/08/2024 14:38

I went into major depression/withdrawal, for some reason I'm able to switch it on at work and sell but when i'm at home i just collapse, i barely leave my room tbhi

I’m sorry about that, but why does that mean financial difficulties to the extent you can’t pay your rent?

Theweepywillow · 15/08/2024 14:38

MyBreezyPombear · 15/08/2024 14:37

You're making a lot of stuff up and saying a lot of things that aren't true.

Just because you don't like landlords doesn't mean the OP can't be chucked out for not paying rent. Yes she's got rights but so does the landlord and that is to be paid and on time.

No I'm not a landlord, no I don't own a home and never have. I've always rented.

Yes, I’m astounded at what that poster is writing. Forced to sell the property to pay fines. Confused

littledragon99 · 15/08/2024 14:38

Brainded · 15/08/2024 14:36

@littledragon99 how exactly did your Mother’s death lead you to financial difficulties? Sorry if that’s a nosey question but I don’t understand. It’s very simple though you need to pay your rent and you need to pay your rent ON TIME.

I went into major depression/withdrawal, for some reason I'm able to switch it on at work and sell but when i'm at home i just collapse, i barely leave my room tbhi

OP posts:
MyBreezyPombear · 15/08/2024 14:38

littledragon99 · 15/08/2024 14:35

And if she didn't pay my deposit into a TDS, (or I've got a feeling she panicked and she did but it was past the 30 days) can she still evict me?

Why do you think she's only put it in a TDS in the past 30 days?

Theweepywillow · 15/08/2024 14:37

littledragon99 · 15/08/2024 14:35

And if she didn't pay my deposit into a TDS, (or I've got a feeling she panicked and she did but it was past the 30 days) can she still evict me?

Yes as long as you get back what part of it is owed. It doesn’t protect you from eviction, two seperate things.

MyBreezyPombear · 15/08/2024 14:37

GoodLordyTheExcusesWeMakeForThem · 15/08/2024 14:32

I completely disagree. She doesnt have to move anywhere. She can take the LL to court for non protection of a tenancy deposit and possibly force the LL to need to sell the house to pay her the resulting fines. Thereby giving the op plenty of money to pay months of rent upfront and not need references. I guess it all depends on the ability of the op to be her own advocate and fight for her own mental health and wellbeing of being able yo enjoy get home without fear of harassment, which she is entitled to do and the LL currently isn't allowing by renting out to god only knows who whenever she feels like it. I know what i would do, because i did it. Don't be a LL if you're too lazy to know the law surrounding it because it can be a very costly mistake

You're making a lot of stuff up and saying a lot of things that aren't true.

Just because you don't like landlords doesn't mean the OP can't be chucked out for not paying rent. Yes she's got rights but so does the landlord and that is to be paid and on time.

No I'm not a landlord, no I don't own a home and never have. I've always rented.

blackcherryconserve · 15/08/2024 14:36

littledragon99 · 15/08/2024 14:35

And if she didn't pay my deposit into a TDS, (or I've got a feeling she panicked and she did but it was past the 30 days) can she still evict me?

Yes. One thing has nothing to do with the other.

Brainded · 15/08/2024 14:36

@littledragon99 how exactly did your Mother’s death lead you to financial difficulties? Sorry if that’s a nosey question but I don’t understand. It’s very simple though you need to pay your rent and you need to pay your rent ON TIME.

blackcherryconserve · 15/08/2024 14:35

Don't ever withold rent and if you have a problem remembering to pay it (!) then set up a standing order to pay it the day after your salary gets paid into your account.
As to the loss of the living room I guess it all depends on what your contract states as to whether your LL has broken it by renting that room out as an Airbnb.

littledragon99 · 15/08/2024 14:35

Theweepywillow · 15/08/2024 14:33

Ok in one month she will give 2 months notice . Don’t let it get to that op. As said, if you do, no landlord will ever rent to you again.

And if she didn't pay my deposit into a TDS, (or I've got a feeling she panicked and she did but it was past the 30 days) can she still evict me?

OP posts:
Theweepywillow · 15/08/2024 14:34

GoodLordyTheExcusesWeMakeForThem · 15/08/2024 14:32

I completely disagree. She doesnt have to move anywhere. She can take the LL to court for non protection of a tenancy deposit and possibly force the LL to need to sell the house to pay her the resulting fines. Thereby giving the op plenty of money to pay months of rent upfront and not need references. I guess it all depends on the ability of the op to be her own advocate and fight for her own mental health and wellbeing of being able yo enjoy get home without fear of harassment, which she is entitled to do and the LL currently isn't allowing by renting out to god only knows who whenever she feels like it. I know what i would do, because i did it. Don't be a LL if you're too lazy to know the law surrounding it because it can be a very costly mistake

The op doesn’t even know if the deposit is protected or if she’d have an issue getting it back.

what a crazy post,

Theweepywillow · 15/08/2024 14:33

littledragon99 · 15/08/2024 14:30

It says this:

I signed the contract on 10/3/24, so 5 months ago, 6 months in September

EXPIRY OF THE TENANCY
At the end of the fixed term granted by this Tenancy, the Tenant shall return the Property and the Contents to the Landlord in the condition
required by this agreement
If the Landlord allows the Tenant to remain in the Property after the Term has expired then a statutory periodic tenancy shall arise on a monthly
basis. To end the periodic tenancy, the Tenant shall give the Landlord at least one month’s notice in writing. The notice must end on the day before
the rent is due
The Landlord has the right to recover possession of the Property if:
(a) the Tenancy has come to an end;
(b) the Landlord has given two months’ notice to the Tenant of the Landlord’s intention to recover possession of the Property; and
(c) at least six months have passed since the date of this agreement

Edited

Ok in one month she will give 2 months notice . Don’t let it get to that op. As said, if you do, no landlord will ever rent to you again.