To deduct this off my rent without landlords consent?

[Userxxx]

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!

Why on earth should someone have to leave their home, with all the resulting expense, inconvenience and instability, because someone couldn’t be arsed to fit a carpet?

I dont think you can self deduct tbh. We bought a brand new oven and our tennants said it was broken so replaced it within six months. We had a warranty on it for two years but they part ex'd it without permission. That was 12 years ago and the iven became their problem at that point.

You could have replaced it with a carpet that might only last a few years. So on that grounds I think your in the wrong.

But also as a landlord, your landlord is being tight and a arse. Sometimes the agents dont talk to the landlords. So that's another possibility.

Where we rent our carpet is over 20 years old and apart from the boiler, nothing gets touched. Our house will gutting when we move out including the joists I think as the shower has been leaking for over ten years. If it has dry rot i wouldnt be shocked. I really dont care. It's not my capital.

OP, go back to letting agents with receipts etc. Ask them to contact landlord re coming to some satisfactory arrangement.

If they play tough, then you do to, quoting Shelter, safety issues etc. Hopefully it won't come to that though.

I'd do all that first before considering withholding rent. You'll have to leave then. You'll be given notice if you withhold rent without prior agreement.

@Userxxx

Are people missing that the carpet is loose as it’s so old, is coming off the stairs and we have been sliding on it.

I didn’t just decide I didn’t like the carpet so wanted a new one! It’s the standard one that is put in new builds, not a quality one and is now 40 years old.

Why should I have to replace it out of my own pocket to prevent us falling down the stairs when I’m already paying £1300 a month to a landlord who owns 29 other properties?

How is it not a repair?

But none of that means you can withhold the rent - it puts you in a very precarious position legally.

Yes, the landlord should pay for new carpet but that doesn't mean you don't pay him your full rent. You need to supply him with the receipts so he can reimburse you.

@Userxxx

Did you do the whole legal thing of 3 quotes then giving them to your landlord?

As a LL and a letting agent, I would advise you ask fir the LL details (the agent have to supply them) and write to them explaining the situation.

We have stayed despite the house needing lot of work in general as DC school is a 5 min walk away, there are very few rentals in the area and the LL is a professional LL who we knew wouldn’t want to sell every 6 months like the 2 previous LLs we had. Kitchen is falling apart, I have to constantly bleach the shower due to mould, bathroom floor is coming up, laminate through the downstairs has massive gaps and chips, patio doors can’t be opened and make the downstairs freezing.

I will suggest the agency gets a quote done with their people so we can compare. That was good advice, thank you. I can practically guarantee they won’t send anyone out though.

I have decided to deduct it off January’s rent as that gives them a reasonable time to do so and if I haven’t heard from them I’ll deduct it all.

We are planning to buy a house in another area at the end of next year so I’m not bothered about a reference and if LL decides to be a dick and serve notice (we’re month to month), it’ll take him that long to evict probably! Might even not pay rent from when he starts action so that will help with moving costs .

Don't really know why you bothered posting OP
Let's hope the house purchase isn't delayed or doesn't fall through, you're putting yourself in a very dicey position.

i.Pay your rent otherwise you are in breach of contract and will have no recourse.
ii. Take pictures of the state of the carpet before work is carried out.
iii. Make sure you have records of all correspondence with the letting agent.
Send a letter notifying them of the carpet renewal and the reasons for changing with pictures added. Note the history of when you first asked and the lack of response.
vi.Request the refund for the carpet renewal stating that it was a safety / hygiene issue.

If you do not get a refund just notify them that them when you give notice to leave that you will not be paying the last month's rent in lieu of costs.

@Marynotsocontrary

Don't really know why you bothered posting OP Let's hope the house purchase isn't delayed or doesn't fall through, you're putting yourself in a very dicey position.

Agreed. It's an incredibly risky idea for a single professional who could sofa surf but you have children, why would you put them through the very real potential of being evicted for none payment of rent.

So you're saying you would make the landlord evict you and go through the courts, which is expensive and could take months and months and might not even pay?

Let landlords people in to quote, see which is cheaper. Ask the LL to cover costs for cheapest then you might not be out of pocket, but it's piss poor all that time waiting with dangerous carpet. Postpone your carpet fitting of you can otherwise you'll be fully our of pocket...

What happens if the landlord evicts and gets a CCJ against you? Or if the mortgage broker asks why their is no longer rent showing on your financial statements? How will you purchase then?

@WhenISnappedAndFarted

So you're saying you would make the landlord evict you and go through the courts, which is expensive and could take months and months and might not even pay?

Yes, I think that's what she's saying boasting about.

Enough said.

@Userxxx

We have stayed despite the house needing lot of work in general as DC school is a 5 min walk away, there are very few rentals in the area and the LL is a professional LL who we knew wouldn’t want to sell every 6 months like the 2 previous LLs we had. Kitchen is falling apart, I have to constantly bleach the shower due to mould, bathroom floor is coming up, laminate through the downstairs has massive gaps and chips, patio doors can’t be opened and make the downstairs freezing.

I will suggest the agency gets a quote done with their people so we can compare. That was good advice, thank you. I can practically guarantee they won’t send anyone out though.

I have decided to deduct it off January’s rent as that gives them a reasonable time to do so and if I haven’t heard from them I’ll deduct it all.

We are planning to buy a house in another area at the end of next year so I’m not bothered about a reference and if LL decides to be a dick and serve notice (we’re month to month), it’ll take him that long to evict probably! Might even not pay rent from when he starts action so that will help with moving costs .

Would choosing to to that put your credit rating at risk? Mortgage companies will credit check you and if you end up with anything on your file from rent arrears it could bite you on your arse.

@MattHancocksSexTape

What happens if the landlord evicts and gets a CCJ against you? Or if the mortgage broker asks why their is no longer rent showing on your financial statements? How will you purchase then?

That would be interesting.

OP I get it, I was renting a one bed flat for £1400, it was full of black mould, I couldn't afford to move, the landlord wouldn't do anything, I developed health issues that I'll now have for the rest of my life and cost me a fortune in prescriptions but you honestly can't just stop paying rent because it makes it worse on you.

@MattHancocksSexTape

What happens if the landlord evicts and gets a CCJ against you? Or if the mortgage broker asks why their is no longer rent showing on your financial statements? How will you purchase then?

Exactly. Your refusal to pay rent could impact your ability to get a mortgage and you could also end up paying your landlords court fees.

It baffles me when some tenants like the OP think they have the upper hand- the system has always been designed to favour the LL so please stop trying to kid yourself that you have all of the power here- especially with current housing crisis and massive shortage of rental properties landlords can pretty much do what they want, as believe me when you’re out there will be a queue of tenants desperate to move in.

You’ll have trouble buying a house if you haven’t properly paid your rent and are evicted.

So yeah, you can stamp your feet, break contract and alter someone else’s property without their permission if you want, as long as you’re aware it’s highly likely you’ll be turned down for a mortgage

@DeepaBeesKit

The problem is that in reality the way you could have protested at years of no maintenance is to simply leave. Why didn't you?

Because they're aren't many rental properties available? Because of the location? Because of the rent? Because it costs a shedload of money to move? Because it's her home?

@Marynotsocontrary

Don't really know why you bothered posting OP Let's hope the house purchase isn't delayed or doesn't fall through, you're putting yourself in a very dicey position.

Agreed. You'd have been better in the property forum as you certainly won't entertain the idea you're being unreasonable, despite the vast majority of posters thinking you are.

@AdobeWanKenobi are you and other posters saying that I should replace the carpet in a rented property out of my own pocket then? I’ve already clearly stated that it is hazardous as coming off the stairs, letting agent agreed, and the LL has had since Sept 2019 to replace it.

He obviously doesn’t give a shit about whether the stairs are safe for his tenants so why should I give a shit about his contract? I had no doubt this would drag on for months if I hadn’t got it done myself.

I have to chase for the gas safety certificate to be done every year too, this year 3 months late.

If he wants to play funny buggers and evict a long standing tenant, who’s always paid on time and taken very good care of the property (repainting throughout several times, massively enhancing the garden, reflooring one of the bedrooms to a high standard, replacing skirting boards), over putting in a much needed new carpet which he’d already agreed to replace and will greatly improve the property for future tenants then I’ll play them too by making the eviction process as long and difficult as possible and making sure he’s more out of pocket than me.

Legally no you can't

You’ve asked on AIBU if you are being unreasonable over your predicament only to be told by most posters that you are but no here you are protesting that your not so why bloody post if your happy with your predicament?!
You really should have waited on the landlord getting back to you...

I did this once with a plumbing issue. The landlord put our rent up substantially. They’ll make you pay one way or another. I really wouldnt take it out of rent unless you enjoy conflict, high rent or homelessness.