AIBU to withhold rent on the basis I haven't been allowed to access my postbox or balcony for 3 weeks?!

[PWalkLady]

I moved into my flat which I am renting 3 weeks ago. I have asked the estate agent on numerous occasions to supply keys to the mail box and the balcony but no action has been taken. In addition I should have an allocated parking slot and have not been given a parking permit. The company managing the car park will be serving penalty notices from Friday for cars without a permit. I have been fobbed off by the estate agent telling me that the previous tenant should have posted it to me. I have no idea if she has since I have no access to my mailbox. I'm going to get a locksmith to change the lock on the mail box. I want to deduct the costs from the rent. I have put the estate agent on notice that this is my intention and I have not had any objection. Am I within my rights to do this? Thanks for your help

I'm not sure it is rent witholdable tbh.

I don't think you can withhold rent either, and wouldn't recommend not making your first rental payment - that would not go down well with the landlord, surely?!

Who actually grants the parking permits, is it the management company - can you contact them with a copy of your tenancy to get the permit yourself?

YABU, you can't just decide to deduct rent

Demand landlord contact details, contact landlord and tell him you want it sorted. Also escalate with agent.

Sounds like a rubbish agent. Maybe turn up in person and don't let them fob you off? Do you have a copy of the advert they posted promising parking?

Tbh I'd be tempted to change the post box lock as sounds like the previous tenant didn't give the agent the key. I'd also contact the parking manager for your building directly to sort out the permit, again sounds like precious tenant didn't hand in and agent is being rubbish.

Have you spoken to your actual landlord? Bypass the agent and speak to them.

Keys to the mail box and the car park permits should be issued via the managing agents of the block. Their details should be displayed on the premises- usually near the main entrance. Having said that, when the managing agents changed the mail boxes at our flat, they sent landlords a spare key, so the landlord might be able to assist. Push the letting agent. POint out the stupidity of the previous tenant posting the missing keys if you can't access the post box.
If the previous tenant has lost keys/passes the landlord should with hold the cost from the deposit to replace the missing items.
Can't give any advice regarding the balcony though.
Don't withhold the rent though!

Hi
Thanks for all your messages. I'm dealing with the estate agent directly but she's not been very helpful. My contract does say that the flat comes with a parking slot since they are in breach of contract because I haven't been given a permit surely that means that me deducting costs from the rent is a valid and counter breach.

You cant just decide to make deductions off your rent

You need to speak to your landlord. You should have their details. Bypass the agent.

Do not withhold rent without speaking to your actual ll.

Also if you are using withholding rent then you need to read up all the guidelines around it. You need to inform your landlord in writing that you intend to withhold rent unless the issues (usually a safety issue - if your balcony is a fire escape this may be an angle for you) are sorted within x time.

Have you called shelter for advise?

Why should the landlord suffer because of a shit agent!

I haven't been given a permit surely that means that me deducting costs from the rent is a valid and counter breach.

This is wrong. A tenant can not make deductions from the rent.

My contract does say that the flat comes with a parking slot

Which you have confirmed you are parking in. The matter of having a permit for it is separate.

No, it's not a valid counter breach. Do you have form for taking things very personally OP?

The tenant has no contract with the agent, only the landlord does. When agents stuff up, landlords can lose out which is why the idea that you can hand over the property to an agent and forget it is a fairy tale.

The only way for the tenant to sort this is to escalate and involve the landlord, who may not realise yet how crap the agent is!

Check your contract - doesn't it have the address of your landlord? Can you write to them?

I'm fairly certain you can't just make dedication from rent. Just chase and chase. Or go to the letting agent directly and have a chat with them in person.

If a tenant contacted me as landlord, i would tell them to talk to the agent. I pay the agent so i dont have to deal with tenants

If you withhold rent you are breaking the terms of your tenancy and they can evict you. Can you make a trip to the Estate Agent office and ask for they keys in person

Go into the agents office, when you arrive tell them you are not leaving until a key is given to you for the balcony/mail box.

What a bunch of clowns these people are. i wonder how the woman you are dealing with would feel if she was in the same situation as you.

I'm not in the UK so different rules obviously, but here if a landlord doesn't hold up their side of the contract (repairs etc), you absolutely can issue them with written notice that if such and such problem isn't remedied you will either sort the issue yourself and bill them/deduct rent. So what op is suggesting doesn't sound completely absurd.

Where are the balcony and postbox keys? Does the agent know?

The landlord will be paying a not inconsiderable fee to the estate agent to "manage" this - if you have the landlord's details I would suggest you contact them immediately, in writing, explaining the position, detailing your interactions with the agent, and asking the landlord to address it with the agent. The landlord will not be happy to hear they may a) lose rent and b) potentially lose a decent tenant which probably means a void period (when the property is empty until someone else can be found to rent it) - owing to the unhelpfulness of the agent they're paying to manage it.

Thank you. No I haven't contacted Shelter but rand Citizens Advice and they advised the same. I'm going to contact the landlord.

And the landlord will tell you to ring the agent. Its a waste of time

if a tenant contacted me as landlord, i would tell them to talk to the agent. I pay the agent so i dont have to deal with tenants

So you'd tell your tennant to fuck off instead of the agent that wasn't doing their job? Good call.