Witholding my rent AIBU

[littledragon99]

I'm a woman in my late 40s, living in a 3-bed Victorian terrace in West London, where I pay £1,200 a month with all bills included. I signed an AST in May.
I work in recruitment and DJ on the side. Despite being skilled in my job, financial difficulties have arisen following my mother’s death, and I've struggled with timely rent payments. I’m currently in therapy to manage my depression.
Recently, my landlady has begun Airbnb-ing the living room, removing the communal space I was paying for. Given this change, I believe the £1,200 rent is no longer justified.
Additionally, she inappropriately contacted my boss, (my boss was my reference) about paying rent directly and has threatened eviction. I’ve consulted Citizens Advice and suspect my deposit wasn’t placed in a Tenancy Deposit Scheme (TDS), which may breach legal requirements.
Due to these issues, I’ve withheld my rent since August 1st and am prepared to take further action if needed.

bump

Speak to Shelter

Get on to Shelter NOW. You can't hold rent as this is a valid reason to evict you. get advice first and foremost. you don't hold all the cards here, but you do have rights, don't give them away by taking the wrong decision

Are you renting a room or the entire place?

Withholding rent is a surefire way to be evicted.

https://england.shelter.org.uk/housing_advice/repairs/withholding_rent_for_repair

Are you a tenant or a lodge?

I'm a tenant. It's a room in a shared house. There were 2 other people in it, now there are 3. I suppose I fear she could move back in and evict me

So do you live in the 3 bed ALONE?

The mention of communal area and all bills included hints that you live with your landlady and would therefore be a LODGER and not a tenant.

Lodgers have far fewer rights and their deposits do not need to be protected.

You cannot legally withhold rent.
As for your deposit, if it was protected you should have been given the info of who it was protected with within a certain time frame of signing your tenancy, I believe its within 14 days but could be wrong. If you don't have that info then request it, if it wasn't protected within the time frame then you are able to claim back more

No, it's a 3 bed shared terraced house. I was originally sharing with 2 others, now with 3 others.

Separate the issues. Your recent bereavement and financial problems are irrelevant although regretable. Deal with the unpleasant LL issues.

Ahh just seen your update.

So you rent a room in an HMO so a tenant not a lodger.

Then yes I would be annoyed if the LL took away a communal room. BUT... don't withhold rent! Speak to the LL and suggest what you feel is a fair rent.

She said since "I have never paid my rent on time" she needs the guarenteed airbnb income from airbnb'ing out the lounge, but this is just making my anxiety levels through the roof

Are you renting a room alone or the whole property? Does the landlady also live there?

If as seems apparent you are renting one room within the larger property you are likely to only have sole use of your room. Whilst the rent might reflect the use of another room you have no right to do so. Therefore the use of it by others is not likely something you can complain about.

If you share the property with your landlady you are a lodger not a tenant with diminished security of tenure. If you have a AST for your room then yes the landlady should have done various things at the outset including protecting your deposit and failure can make any possession proceedings invalid.

You should try to address your arrears rather than making them worse by withholding rent.

I am renting one room in a shared house
Landlady lives away, this is a London house share

Your landlord will need the regular income from you to live his/her own life. Not having a regular income could make your landlord homeless if they can't pay their own bills.
Talk to the LL - make a plan to pay back what you owe, and put the cost of housing yourself above any other expenditure in the future - it's the most important thing you have to spend your money on. Pay by standing order so you can't forget.

Maybe lodgers not paying their bills puts HER anxiety levels through the roof?

As others have said, you need to separate issues here. If you feel your rent is unfair then attempt to re-negotiate it and if (when LOL) unsuccessful then move out and find somewhere at a cost you do feel is fair. Obviously references will be an issue ...

You are an unreliable payer and the lounge situation has given you the excuse you needed to stop paying entirely.

What does your tenancy agreement say about the use of the lounge? If it’s not specified that you have use of the lounge, you don’t have an entitlement to use it.

Maybe the landlord could get a job to pay his/her own bills.

😂lol

I’m sure the landlord does pay their own bills on the property they live in. Why would they pay bills for other adults?

Your anger is getting in the way of your critical thinking.

If you often pay late and are now withholding rent, then you will very likely be evicted very soon.

I'm not sure what you're expecting to happen.

Have you ever paid the rent on time?

If you rent a room in a shared house the only space your LL has to provide is your own room, shared bathroom and shared kitchen. They can provide more communal space but that is optional. If your LL is providing this and you are not paying your rent on time most months and no rent in August it will only be a matter of time before your LL gets a section 8 and you will be evicted. Regardless of your reasons for not paying your rent in time instead of contacting your LL and trying to reach an agreement on what you can pay and when, you unilaterally decide not to pay any rent at all. Your LL should have got your deposit protected. Provided it is protected before she goes for a section 8 there is nothing you can do. If you don't want eviction pay your rent. Your LL is not a charity and you will be causing her distress as she likely still has a mortgage to pay.

Withholding rent is always the wrong decision irregardless of the Landlord’s shortcomings, which can and should all be dealt with legally under your tenancy rights.

However, is the Landlord correct - is your rent always late?

How do the other tenants feel about losing use of the lounge?

In your situation I would not be happy.