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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to withhold rent

47 replies

hedwiggity · 24/05/2014 22:26

i live in an apartment and the landlord has refused to fix the intercom system even though me and other tenants have complained that we pay £400PCM she has said it is too expensive and as soon as we step past the front door we are cut off from the outside as things like takeaways post and parcel's cannot get through to us and havent for months, i have had to phone post office to explain this to them why their post is going back to them and we don't know it is there.. so anyway am i within my rights to refuse rent payments until it is fixed ? i would save the rent into my savings account and pay it all in full once the repair has been carried out and we received post etc once again and i would also write a formal letter too the landlord and ask that the intercom be repaired and keep a copy as proof
what else can i do ??
i posted this in legal matters and havent got a reply yet so posting here

OP posts:

iloveanicecake · 25/05/2014 00:02

What does your lease say with regard repairs not being carried out? You may have recourse to have work carried out and deduct from rent if not done in timely fashion. With receipt of course. Ensure you have complained in writing first too.

Boomerwang · 25/05/2014 00:04

I'm another that agrees you pretty much can't ever withhold rent. It's a real pain in the ass but disputes are dealt with as a separate issue and any rebates come afterwards. I know you want to make your point but you can't do it that way. Please try not to take it personally, just get your advice and follow it. I don't think a broken intercom is grounds for a rental discount or to withhold, I think you need to contact the postal office to sort out a new delivery place. Failing that, you can bung a temporary mailbox outside the door I reckon. What's the worst that can happen there? It gets ripped down? Stick it all in your diary then and present it when it matters.

AKeyFox · 25/05/2014 00:13

Could I ask whereabouts you are living, as I certainly wouldn't mind renting a 3 bed, garden semi for 400 pcm.

jacks365 · 25/05/2014 00:13

www.adviceguide.org.uk/wales/housing_w/housing_repairs_in_rented_housing_e/housing_disrepair_what_are_your_options_if_you_are_a_private_rented_tenant_e/withholding_rent_because_of_disrepair.htm

Process for using rent to pay for repairs.

Original poster

hedwiggity · 25/05/2014 01:35

I live in west yorkshire

OP posts:

MissWimpyDimple · 25/05/2014 01:47

3 bed house for 400 PCM? Oh I can only dream.... Add a couple if grand onto that here and you might get a postage stamp garden.

But, you still can't withhold rent. It is a separate issue and you will be evicted. Most likely with no reference and the landlord will get your deposit in lieu of the rent.

MiscellaneousAssortment · 25/05/2014 14:08

£400 seems like a dream.

Try £1300 for a one bed with massive rising damp and mould problems, walls half plastered and left bare, and the built in cupboards and radiators pulled out in the middle of the room.

Obviously I moved as that flat genuinely wasn't fit for habitation. However the rent has increased, as that's just the cost of living in the area I have to be.

You obviously hate your landlord ('mental age of 5' what's that about?!) and other tenants... So why are you staying?

emms1981 · 25/05/2014 14:38

Where do you live? Wish I could rent a house for £400 a month! Last house I was in was £600 and they left us with no hot water or heating in november still had to pay rent

expatinscotland · 25/05/2014 14:45

House or 3rd floor flat in a dive? Why are you still there?

BitterAndOnlySlightlyTwisted · 25/05/2014 14:57

No, you can't withhold rent. You can only do this under certain circumstances for necessary repairs and you have to follow very strict procedures in order to do this. Otherwise you risk eviction and a poor reference from your current landlord.

You either make arrangements to collect your post from the post-office/sorting office, arrange redirection, find another solution or move.

It stinks but that's the way it is.

HoopyViper · 25/05/2014 15:11

I think Lls should have to match the deposit they ask for, also to be held in a secure system, which tenants can either apply to, or be refunded from, for any reasonable repairs they have had to meet themselves.

TestingTestingWonTooFree · 25/05/2014 17:09

Last time I checked the European Convrntion on human Rights there wasn't an absolute right to receive post.

Littlef00t · 25/05/2014 19:22

Does the inventory or contract mention the intercom? You can at least
Pursue if yes.

See shelter or cab.

ThatBloodyWoman · 25/05/2014 19:32

I think if you had a working intercom when you took on the tenancy, it is part of the contract.

Ask for a repair in writing and suggest a reasonable time frame.

Keep a copy.

If the work isn't done get 3 quotes and submit to ll.

If still not done in a reasonable time frame, have the work done using the cheapest quote, and deduct from rent.Advise ll in writing that this is what you have done.

Bear in mind that if you are a shorthold tenant, rubbing the ll up the wrong way for this may not be worth it.

They just have to give 2 months notice if your initial tenancy period is up, no reasons needed, and you're out on your ear.

Personally I wouldn't bother and I would make alternative arrangements, letting another tenant stick their head above tge parapet.

SchroSawMargeryDaw · 25/05/2014 20:00

It is legal to withhold rent (in Scotland anyway) in certain situations and as CAB have said, it must be kept in a separate account and paid as soon as the problem is fixed.

However the circumstances would normally have to be that the property does not meet the "repairing standard", which normally means things like it should be wind and water tight.

I'm not certain but I don't think the intercom will come under this as it isn't especially needed. Mail can still be picked up from post office etc, however it is affecting the way you normally live. If it is in the contract though as something that is included in the rent and inventory, you should be able to...

One big problem with withholding rent is getting on bad terms with the landlord and if you want to continue living there once the contract comes to an end, it is unlikely that you would have it renewed.

HoopyViper · 25/05/2014 20:07

I think that's good advice from ThatBloodyWoman. Even though the ll has a duty to maintain or replace (clearly the la deems it a reasonable request, the system currently is not on your side, and it could backfire.

Original poster

hedwiggity · 25/05/2014 20:23

it would cost me £900 plus to move this includes
Application fees
First months rent
Removal van
Bond
And one months rent and notice to current landlord once i save that money I'm out of here but its a hard amount of money to save when i only have about £10 a week to save

OP posts:

JingletsJangletsYellowBanglets · 25/05/2014 20:55

That bloody woman, you cannot do any repairs without owner's consent. Let alone on exterior of the property you are renting.

HoopyViper · 25/05/2014 22:10

Speak to shelter. They would be able to make you very clear of potential outcomes.

Original poster

hedwiggity · 25/05/2014 22:16

im just going to move when ive saved enough in a few weeks dont like the uncertainty of living here anymore its not nice. thanks for all your advice everyone but this landlord is unlike any other and i cba fighting with her

OP posts:

HoopyViper · 25/05/2014 22:22

I don't blame you. This kind of thing doesn't exactly fill you with confidence that any other issues are going to be dealt with effectively. Good luck, I hope you find a decent ll soon.

Sicaq · 25/05/2014 23:18

It is annoying but quite a lot of rented flats I've lived in have had no doorbell: I don't have one at the moment, actually. I once put my mobile number on the door and that same evening started getting creepy texts from random blokes. Had to change number.

Anyway, digression. I put up a wireless bell from Asda, it did work through two walls and up two flights of stairs.

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