To have not paid rent (yet!)

[FreshFancyFrogglette]

Before we start I am totally aware that officially withholding rent is not encouraged, and/or advised, but listen to the circumstances first please.

5 year tenant with private association rent always paid on time, and in full (apart from when there was a surprise increase of £25 and the email went to my old email so it took a few months to update the standing order form).

Had a problem with my boiler (completely gone). Spoke to association, took a week to get back to me. Took another week to hear from the plumber. Took another week to order parts, and another week to actually install it. Total 1 month no heating or hot water. All this time increase in electric to use halogen heaters and kettles. Still paid rent on time. December. I think new boiler is working, but it turns out they've left the boost on which has been rinsing my electric. Turn it off. Back to no hot water. Christmas/new year period. Cold spell, try to get the storage heaters on. Leave them 48 hrs to be sure (should only take 12hrs but I wanted to be sure). Low and behold no heating. I email landlord, first day back I call them. They say they will call back, and never do, twice. Rent becomes due. I've got it, but I don't pay it. Accounts email me, and I explain. I've got rent here, I want to pay it, but I also want hot water and heating. Bare in mind it's fucking freezing here at the moment. They get the electrician out, he thinks it's a fault with the supplier, ring them, they don't think it is, electrian thinks its meter. (they got electrian out the next working day, compared to when I did pay rent and got fobbed off for 3 weeks!). I'm sat here freezing, too scared to put halogen heater on because I'm skint. My daughters staying elsewhere, it is too cold to have her here atm. Waiting for engineer to come.

My question is should the landlord give me a discount on the rent because I've been 2 months without heating and hot water? If its the meter at fault, whose responsibility is that? I've been very vocal about getting this sorted, and never wanted to withhold rent, but I'm at the end of my tether. I want someone to listen to me. I am waiting for my warm home discount, but at the moment I can't afford to heat the place. We are at the beginning of the month, and my uc is due at the end. Wwyd please?

I would pay 50% to show willing.

You need to pay your rent to keep the roof over your head.

If you want to negotiate a reduction in rent then you need to have paid it in the first place. Read your letting agreement as to the LL's obligations and challenge them on the basis of failing to meet them, if indeed they have, then you can ask for a rent reduction.

@FinallyFluid

I would pay 50% to show willing.

Please don't do this! Read the link above ...

It is illegal to withhold rent. You can talk to the NRLA and ask there for advice re what you can do. But if you withhold rent you will be on the wrong side of the law.

Joystir I can't afford to stay here for the rest of the month if I pay my rent in full. Its that simple. I'm using about £5 a day at least on electric, and I just don't have that kind of money atm. Zero hrs contact, no furlough.

It will put you at risk or eviction but actually if you kept the rent in a different account if it got to court which it would take months to do the judge would ask for evidence of the rent money being available so you could just pay it and clear the arrears there and then.

Contact a solicitor who do legal aid as they will be able to support you for free. Shelter can help you too

I used to work for a Housing Association and depending on how long you were without essentials then you can claim compensation from them. But I would contact them separately about this rather than withholding rent.

You should have continued to pay your rent. Time and time again its said never without rent. You would have been then in a much better position to negotiate a relief from the landlord but why is he going tocso that for you now that you've been holding back rent. I mean talk about biting the hand that feeds you.

We own rental properties in the U.K., and no, we wouldn’t expect you to pay the rent - at least in full - though it is important to have that conversation pre-withhold. Your landlord sounds like an arsehole who is slow to respond. Especially given its heating and hot water in Winter during a global pandemic.

You should outline your expectations RE discount and under what conditions you will pay. Maybe your landlord could pay the electricity bill for the heaters etc. and you pay 75% of rent? That incentivises them to sort the problems, and gives you some security, certainty and heat. Tenants should negotiate more, horrible to hear how many dreadful rental properties there are.

Yabu. Pay your rent.

Your landlord sounds awful. I don't have any specific advice for you but just wanted to empathise - it sounds like such a rubbish situation for you especially at this time of year when it is freezing cold. Landlords have a lot to answer for!!!

Apart from Charlie (in the minority) most people's advice has been reasonable and helpful.. No I really don't like withholding rent, but it's almost comical the speed at which they moved when I did, compared to when I paid it (despite having no heating or hot water). This is a last resort, and trust. Me, I want them to have a phone conversation with me about it, but they are avoiding me.. Everytime I call they say they will patch me through, then say oh no he's just on the phone at the moment. I want it paid as much as anyone, but I want heating and hot water too!

I've had contact with accounts (via email I would prefer phone!) and the electrician.. But I can't get through to anyone in the association..

@FreshFancyFrogglette I've messaged you

We were without heating in a private rented flat a couple of years ago in January, after 3 weeks of getting nowhere with the letting agent we got in touch with environmental health, could you try doing that? It spurred the letting agent into action and it was sorted out with a couple of days

I would say, try and leave a paper trail via email. I’m cautious of doing anything over the phone or in person as people weasel out by denying things later. I’m so sorry you’re going through this. Are you on a card you have to top up at a shop, or can it be done online? Dreadful if you have to go out all the time just to keep things going, puts you at unnecessary risk.

@FreshFancyFrogglette

Thank you dancingwithwillard. I've got storage heaters, the boost function has no effect on them. I've got economy 7 heating. Which means it should heat the water tank, and storage blocks, over nights.. But as this isn't working, I can only get any water by leaving the boost on (cost £2 an hour) for at least 2 hrs first. So hot water Yes technically it is available (at extortionate rates, and with preplanning). But as for heating, no central heating whatsoever, boost or not.

Am I right that you have an immersion heater for your hot water and for heating you have electric storage heaters in each room?

Because those appliances are all independent of each other. So the immersion heater being faulty wouldn't affect the operation of the storage heaters. Equally, one storage heater not working would not affect any other storage heater, or the immersion heater.

Given you've been there 5 years, you presumably know how to operate the tank/heaters and haven't tripped the electricity or switched off any switches anywhere. So its either a problem with your meter/electricity supply, which is your problem to sort out with your supplier, or its an electrical wiring problem which is your landlords problem.

I don't think you can withhold rent.

I do think that you should get an electrician in to assess the situation, either via your landlord, or alternatively get one in privately.

please pay your rent BUT send them email (tick box to show its got to email box not when they have opened it apparently - dd tells me- they can block this) other wise to help yourself go on web & research your system it may give you an idea what has gone wrong.
In email state that your heating is not working properly & they need to recompense you for the extra cost - send copy to chief executive of company & cc in your mp & the ... Daily Mirror or Daily Fail as pp have said contact Shelter & NRLA
Some Housing Associations should be taken to account - I have heard of a story of a local HA charging a tenant for fixing a heater!

Actually, thinking about it, the most likely cause is going to be a problem with your Economy 7 meter, as it seems that the overnight electricity is a problem. Is anything else switching off overnight?

I think its definitely worth contacting your electricity supplier and asking about the overnight E7 readings.

Thanks mumwon!

Communication via email is the best OP. It might feel slower and less direct but it’s black and white so they can’t deny they’ve said things, and they can’t tell fibs about what they have said.

That's a helpful suggestion. Have emailed.. Think I'm going to pay rent. As much as I can, leave myself a little bit for the month. It's just guna be a miserable. Month

As others have said with holding your rent will put you in arrears which will go against you, it will affect you trying to get another rental property/mortgage in the future and possibly credit/finance. These companies won't ask why you didn't pay your rent, they'll only care that you didn't. You'll also be in breach of your contract.
I can completely understand why you've done it but it will affect you more than it will your LL.

You can however, raise a complaint with them for financial compensation, make sure to do this in writing and keep note of any communications with them

Your posts don’t make sense. You say you are withholding rent to force the issue of getting your heating sorted, then say you need it to cover the cost of your electric

You need to pay your rent, arrears will show on your history.

In the meantime phone them everyday until they get it sorted. Find the details of the chief exec and contact them direct, threaten to go to newspapers about the fact your daughter now has to live elsewhere.