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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To deduct this off my rent without landlords consent?

135 replies

Userxxx · 27/11/2021 15:52

We have been renting our home for 8 years. In that time the landlord has fixed stuff that needed fixing (electrics burnt out. leaking toilet, new oven hob, front door locking mechanism) but has done no maintenance at all. We have painted through and changed a bedroom carpet to laminate as it was old and coming up.

Our stairs and landing carpet is the original carpet in the property so over 30 years old and literally threadbare on the landing, and coming off the stairs so is a hazard.

I requested it to be changed over 2 years ago through the letting agent who responded that the landlord had given permission and their maintenance people would do it. It never happened and I stopped chasing it when Covid started.

I requested it to be done again this September. Again told LL agreed to getting quotes done and they’d send their guys out. Again they didn’t come so I emailed them in October and said I’d get it done myself if they didn’t send someone out within 14 days and take it off the rent. No response.

I got quotes a few weeks ago, went for the cheapest, paid for it and it’s being fitted next week. I also decided to change the carpet in the main bedroom as again it’s very old and has holes in it. I decided I’d pay half as we hadn’t agreed to it but the landlord will benefit as the carpet is disgusting and when we leave next year, landlord won’t have to do it.

Lo and behold. letting agent called me yesterday saying they were sending their guys out to do a quote for the Landlord. I told them I’d already sorted it and the bedroom carpet too and was told as I’d done it without permission and their guys might be cheaper, I can’t take it off the rent!

WIBU to just deduct it from next months rent and tell them to piss off? If they try to serve notice, would I have grounds to say they are serving it maliciously? It is £650!

OP posts:
PinkWaferBiscuit · 27/11/2021 15:58

Well no of course you can't just take it off the rent. As frustrating as it is that it took them a while to sort it out they did not give their agreement and you altered the property without permission so I'm afraid it's a case of suck it up.

flamebuoy · 27/11/2021 16:02

Of course you can't...if you do that you are in breach of your contract OP. You would have no grounds because you broke the contract first!

ftw163532 · 27/11/2021 16:05

That's not how it works.

Iamthemaid · 27/11/2021 16:07

You ate on such dodgy ground op, must be fustrating but no don’t do it. Ps did you put carpet in the bathroom🤮

Zampa · 27/11/2021 16:09

Let them quote and try and get a rebate from the Landlord to the value of their quote or whatever you paid, whichever is the lowest.

Yes, you have been messed around and mistreated but as you haven't really got a leg to stand, you need to find a compromise.

MissLC · 27/11/2021 16:09

As long as a notice is served correctly and all legal obligations are met, a Judge does not care less whether its been served maliciously or not. It would not even be discussed in court

2typesofjungle · 27/11/2021 16:10

It's not your property, so it's not up to you to make these kind of decisions. Pay your rent.

WhenISnappedAndFarted · 27/11/2021 16:11

@Iamthemaid where did you read bathroom?

OP, no you can't. Ive been in this situation and it's so frustrating. You can't just do it though

escapingthecity · 27/11/2021 16:11

Did you get permission to put laminate flooring in? In our old flat any change to flooring to remove carpet was blocked

Gottahavehighhopes · 27/11/2021 16:12

Never withhold rent, somethings you can claim back via ombudsmen separately for some things but don't think this is 0ne.
The second you withhold rent you'll be seen as at fault

SpindlesWhirl · 27/11/2021 16:12

You'll have to pay your rent and chase for the money separately (assuming you're in England?).

Userxxx · 27/11/2021 16:13

According to Shelter, tenants can deduct from rent for repairs which are not carried as long as they give reasonable time to do them (over 2 years in my case) and inform them that they intend to deduct it from the rent giving them time again to remedy it (another 2 months).

Even the woman from the letting agency said it needed to be done when she came to look at it over 2 years ago!

OP posts:
KittenCatcher · 27/11/2021 16:13

Its not your responsibility to change the carpet, maybe there was a good reason you didnt get a email response.

Luredbyapomegranate · 27/11/2021 16:15

It’s unreasonable delay on their part, but if you just took it off your rent you would also be in the wrong, which you don’t want.

I would ring up citizens advice on how to handle this. Don’t worry too much, if the landlord was about to do it, they will cover it or most of it. You’ve been a good tenant and them a good landlord for years.

I imagine the thing to do is write and say that the delay has been unreasonable, so you went ahead (having written to say so) - does the landlord want to cover their share via payment or just off the rent? If you go via an agency they will want the former so it doesn’t impact on their cut.

If you took the cheapest quote it’s not likely to be much more expensive than the landlord would have paid. Just call CA and take it from there. If you know the landlord you may also want to cc them in, pointing out the agency have been crap at communicating.

MaskingForIt · 27/11/2021 16:15

You can try, but you need to be prepared to move as they’re unlikely to renew your tenancy.

anon12345678901 · 27/11/2021 16:17

@Userxxx

According to Shelter, tenants can deduct from rent for repairs which are not carried as long as they give reasonable time to do them (over 2 years in my case) and inform them that they intend to deduct it from the rent giving them time again to remedy it (another 2 months).

Even the woman from the letting agency said it needed to be done when she came to look at it over 2 years ago!

Did you get three quotes and send them to the landlord for consideration? And advise them you will give an adequate time period for them to reply back or you will go ahead with the lowest?
imnotacelebritygetmeoutofhere · 27/11/2021 16:18

According to Shelter, tenants can deduct from rent for repairs which are not carried

I don't know if replacing a carpet would count as a repair though, as in, having the old carpet hasn't prevented you from using the floor. I completely sympathise with how annoying it is but I don't think you can deduct it from your rent without causing trouble. It would be better to suggest they continue with getting a quote from their chosen supplier and then they reimburse you for that amount, as that's what they would have spent.

PinkWaferBiscuit · 27/11/2021 16:18

@Userxxx

According to Shelter, tenants can deduct from rent for repairs which are not carried as long as they give reasonable time to do them (over 2 years in my case) and inform them that they intend to deduct it from the rent giving them time again to remedy it (another 2 months).

Even the woman from the letting agency said it needed to be done when she came to look at it over 2 years ago!

Did you follow the steps exactly on the shelter website it doesn't sound like you have if they were unaware you had carried out the work. Confused
MissLC · 27/11/2021 16:20

@Userxxx

According to Shelter, tenants can deduct from rent for repairs which are not carried as long as they give reasonable time to do them (over 2 years in my case) and inform them that they intend to deduct it from the rent giving them time again to remedy it (another 2 months).

Even the woman from the letting agency said it needed to be done when she came to look at it over 2 years ago!

Its not classed as a repair
Whinge · 27/11/2021 16:20

According to Shelter, tenants can deduct from rent for repairs which are not carried as long as they give reasonable time to do them

Does carpet come under repairs? I would think the advice from Shelter covers tenants in emergencies, where things are not safe to be left.

Whywonttheyletmeusemyusername · 27/11/2021 16:20

Maintenance INSIDE a rented property is surely down to the tenant to sort and pay for? I had my entire downstairs painted. Asked the landlords permission, but didn't expect him to pay for it.

Marynotsocontrary · 27/11/2021 16:20

@Zampa

Let them quote and try and get a rebate from the Landlord to the value of their quote or whatever you paid, whichever is the lowest.

Yes, you have been messed around and mistreated but as you haven't really got a leg to stand, you need to find a compromise.

Exactly this.

Don't stop paying rent - you're making trouble for yourself. Any reasonable landlord will some to some financial agreement with you.

Whether a new carpet comes under Shelter's definition of repairs is debatable too

Becles · 27/11/2021 16:23

You asked for new carpet 2 years ago - of which 17 months included a pandemic. You're having a laugh aren't you? I'm assuming you want them to give you notice.

WhenISnappedAndFarted · 27/11/2021 16:25

@Whywonttheyletmeusemyusername

Maintenance INSIDE a rented property is surely down to the tenant to sort and pay for? I had my entire downstairs painted. Asked the landlords permission, but didn't expect him to pay for it.
In all my contracts I wasn't allowed to do anything at all, not even put a nail in the wall let alone paint
thebleepblop · 27/11/2021 16:25

Perhaps you can suggest that they get their quotes done anyway, and if any come in cheaper than you paid, you will take that cheapest quote off your rent and cover the difference yourself.

This would be reasonable of you and if you are a good tenant the landlord hopefully will not want to evict you, then have to cover the cost of getting a new tenant in. Relets are very expensive for landlords so it yours has any sense s/he will want to hold onto a long-term tenant.

Also, you have not spoken to LL from what you said. The letting agent may well have said you cannot take if off the rent but if you can speak to the LL they might be happy to do so, especially if you took the cheapest quote of the ones given to you.