Landlord Where do I stand on this???

[bubblebabeuk]

I am privately renting a property, there is no written contract (I know probably very stupid of me).
The boiler recently failed, as a direct result of the absence of hot water (actually running water at all) and heating, I was forced to find alternative accommodation for myself and my young children (DD1 11yrs, DD2 1yr and DS1 7 months). The heating and any running water was out of action from Saturday the 19th December 2010 until Saturday the 8th January 2011, a time in which we experienced extremely cold weather and snow fall, the temperature within the house during this time was 4 oC.

This coincided with the festive period, meaning my family had no option but to find alternative accommodation for the entire Christmas period, a time span of over three weeks. Obviously this is quite unacceptable, especially as in order to be able to move back in, it was left to me to arrange and pay the plumber for essential repairs.

I feel I should not be expected to pay rent whilst the property was uninhabitable, I think deducting three weeks rent from the amount owed for January (payable on the 19th January 2011) as well as the full costs paid to the plumber in order for the repairs to be carried out is not unreasonable.

However although I discussed this at the time with my landlord, it seems to have magically slipped his mind and he called today to inform me he expects to collect the full rent for both january and february tomorrow in cash, and times are hard, he is struggling as well, so he cannot accept any reduction on my rent even though I couldn't live in the house and i was expected to find alternative accomadation.

I spoke to CAB back in December regarding the situation and was advised that tenants may be entitled to claim a reduction on their rent known as a 'rent abatement'. The reduction will depend on how much of the property is unusable. If, for example, the tenants can only use half the property during the repairs, they may be entitled to pay only half their normal rent during this time. obviously none of my house was habitable, so the implication would be I should have no rent charge for the duration it was uninhabitable.

I know the whole set up is horribly dodgy, no contract, cash payments etc, but much as I'd love to find a lovely house to rent with the space I currently have, who takes HB and is within budget, its just not available.

Seriously what should I do?

You really need to have a contract, but that would require you to pay in advance and by the soudns fo it that won't suit you. Do you have a rent book to prove you are paying at all ? Go back to CAB and ask themto draft a letter for you.

You must not withhold rent, legally you would be in the wrong. You could withhold the cost of repairs if this was previously agreed, but really you should have it in writing. If you don't write to the LL now send the letter recorded include photocopies of the invoice saying; as agreed in the blank of blank in a telephone call I arranged repairs costing X, andas agreed am withholding these from the rent money of X. Still a bit risky but at least gives you something to point at if you later need it.

You may have a claim against your landlord for disrepair, but that is separate from rent and you have to pursue it on it's own, of course the problem is if you do that your landlord may just serve you notice! The system sucks. CAB are great in many ways but i'd advise getting housing advice from Shelter 0808 800 4444 unless your CAB has a housing specialist.

Thanks for the replies, looks like I'll have to pay him even though I couldn't live in the house and needed to pay for somewhere else to live for three weeks, it sucks, really really sucks.

You could pay him but then lodge a claim for loss of use, did you have to pay out for alternative accommodation if so keep hold of the receipts ? Small Claims Court (whcih you cna do online) may be a route if he is uncooperative but you do need advice on the legal status of your tenancy and rights.