Page 10 | Witholding my rent AIBU

littledragon99 · 2024-08-15T12:29:16+00:00

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.

betterangels · 15/08/2024 16:40

Livelovebehappy · 15/08/2024 16:29

And this, people, is one of the reasons why landlords are selling up in droves. Seriously, who’d want to be a landlord with all this shite thrown at them?? I’d just sell the house, and invest the money in an interest bearing account. Too many unhinged people with zero moral compasses out there. You’ve no idea who you’re handing your property to.

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I have no hope in hell of ever owning or being a landlord. I agree with this, though. I wouldn't want the hassle.

TinyYellow · 15/08/2024 16:42

You need to pay your rent and you need to pay it on time. If you had done that, there wouldn’t need to be extra people in your living room. This is a situation of your own creation. If anyone deserves money off their rent it’s the two other tenants that paid on time but still have to put up with the consequences of you not doing so.

Set up a standing order for your rent or set multiple reminders on your phone. Even if ADHD makes it hard to be organised, there really isn’t an excuse for not paying the single most important bill you have.

twomanyfrogsinabox · 15/08/2024 16:42

Livelovebehappy · 15/08/2024 16:29

And this, people, is one of the reasons why landlords are selling up in droves. Seriously, who’d want to be a landlord with all this shite thrown at them?? I’d just sell the house, and invest the money in an interest bearing account. Too many unhinged people with zero moral compasses out there. You’ve no idea who you’re handing your property to.

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This, it's no wonder people are finding it difficult to rent, most LLs are just ordinary people making a living like everyone else. Then they get the tenant from hell who 'knows their rights', and the LL thinks sod this for a game of soldiers and give up renting. It's generally not very profitable and the hassle really isn't worth it when you can get nearly the same (or more if you go a bit risky) by just investing the money. I have thought about it but after reading the horror stories decided to stick my money in a nice safe place and sleep at night.

betterangels · 15/08/2024 16:46

If anyone deserves money off their rent it’s the two other tenants that paid on time but still have to put up with the consequences of you not doing so.

Yeah, I'd be pissed off.

TheCrenchinglyMcQuaffenBrothers · 15/08/2024 16:48

littledragon99 · 15/08/2024 15:03

I don't think she has an HMO licence since she seems a bit ADHD herself honestly, she deffo didnt register my deposit with TDS so i doubt she'd have managed to sort a licence. But there are currently 2 of us with an AST and 2 randoms from airbnb that seem to change every few weeks/months

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You can find out if the house needs/has an HMO Licence from the local authority. And if she doesn’t have one when she should then you can reclaim your rent. So basically keep paying your rent!

DaSilvaP · 15/08/2024 16:49

Monkeysatonthewall · 15/08/2024 15:11

The OP is looking for any excuse to avoid paying her rent.

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Operating a HMO without a licence is very much the business of those people living in the house.

Coconutter24 · 15/08/2024 16:49

littledragon99 · 15/08/2024 13:36

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

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Do you usually pay your rent on time?

DrRiverSong · 15/08/2024 16:52

Livelovebehappy · 15/08/2024 16:29

And this, people, is one of the reasons why landlords are selling up in droves. Seriously, who’d want to be a landlord with all this shite thrown at them?? I’d just sell the house, and invest the money in an interest bearing account. Too many unhinged people with zero moral compasses out there. You’ve no idea who you’re handing your property to.

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That’s what we’re doing. We’ve just issued the s21 and waiting out the notice. Once it’s all sorted we’ll tidy up and sell. It’s just not worth it. Our latest tenant has turned into a nightmare and it’s really just not worth the aggravation any more.

Original poster

littledragon99 · 15/08/2024 16:54

Growsomeballswoman · 15/08/2024 16:29

Are you in arrears with your rent now?

Yes by 2 weeks

OP posts:

Brainded · 15/08/2024 16:55

littledragon99 · 15/08/2024 16:54

Yes by 2 weeks

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And do you have the money to pay??

Original poster

littledragon99 · 15/08/2024 16:55

DaSilvaP · 15/08/2024 16:49

Operating a HMO without a licence is very much the business of those people living in the house.

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It’s 2 unrelated people on an ast & 2 Airbnb’s
my landlord will be pulling in about four grand a month.

OP posts:

StickItInTheFamilyAlbum · 15/08/2024 16:56

OP, you've had the time to go online and check the TDS status of your deposit. Did the Shelter links to do this tell you what you need to know?

Coconutter24 · 15/08/2024 16:56

littledragon99 · 15/08/2024 13:58

I have ADHD and often need to be reminded

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This answers my question I previously asked. That’s not good enough you’re an adult! Set a reminder if you need to, you can’t expect to keep getting away with paying late. You said LL said she needs the air b n b money because you’re always late…. So it’s your fault everyone has lost their communal space yet your the housemate doing the complaining

StormingNorman · 15/08/2024 17:02

littledragon99 · 15/08/2024 13:58

I have ADHD and often need to be reminded

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Or you can up a standing order so you don’t need to remember.

That’s a piss poor excuse for late payment.

Enigma52 · 15/08/2024 17:04

Pay your rent, like a grown up person in their 40's should.

Your anxiety? What about the anxiety you are causing your LL? As others have suggested, rent is your most important bill; paying it, is meant to ensure you have a roof over your head. Set up a SO.

DaSilvaP · 15/08/2024 17:04

GoodLordyTheExcusesWeMakeForThem · 15/08/2024 14:09

You have an ast and live in a shared home with ise of communal living spaces. First things first, do NOT withhold rent and if you do choose to make sure you NEVER owe more than 8 weeks rent. As ling as you keep it below 8 weeks a section 8 eviction notice cant be served. A section 21 will never be served and valid if your tenancy deposit wasnt protected and the prescribed information supplied to you. The inly way this is possible is if the entire deposit is returned to you before a section 21 is served. Now removal of the communal space IS a valid reason to withold part of the rent for the periods the space isnt available to you. As long as the communal spaces are listed in your ast. If, as it sounds, your LL is ‘renting’ this space out to people on airbnb as a private space and therefore depriving you and the other tenants of the use of it, that is interfering with your ability to ise your home. Especially if this is to people you have no idea who they are etc. it is completely unreasonable for your LL to make this change. Full bloody stop. Ad you have an ast and your deposit wasnt protected nor was the prescribed information served you can vlaim via for N1 for the court to impose a ‘fine’ of up to 3 times the deposit amount for each infraction. This would be, for example on a 6 month initial contract that then went periodic and lasted another 18 months with an initial deposit of £1000….. up to £3000 for the deposit not being protected, £3000 for the prescribed information nor having been served and this is then repeated every 6 months (or possibly every month if the ‘period’ of rent payment is monthly etc) so this would mean a court claim of £8000 plus initial deposit returned in full at a minimum and up to £114,000 plus initial deposit back if the court awarded the maximum £3000 for each infraction and determined the ‘period’ to be monthly. This would probably force your LL to have to sell the home to pay you. The courts look poorly upon LL’s who claim ignorance. Oh and the reason I know this? I was the tenant who discovered my LL hadn’t protected my deposit and didn’t intend to return it when she asked me to leave so she could sell. I refused and she served a section 21. I withheld rent to the value of my initial deposit (8 weeks rent) she withdrew the section 21 (that she didn’t realise was invalid, I hadn’t told her) and served a section 8 but immediately before court I paid the equivalent of 1 weeks rent and the section 8 failed. She then reserved the section 21 still none the wiser but now realising she would never get the rent arrears by doing so. I waited until court, attended, she did not. I presented the evidence showing the section 21 was invalid and an N1 claim for judge to decide between the minimum of £11,000 and the maximum of £118,000. He awarded me the minimum of £11,000 plus my deposit back in full so that she could re serve the section 21 as soon as the payment was made. She couldn’t afford to pay it therefore no valid section 21 and I didn’t lose my home. I chose to leave not long after but you can bet your bottom dollar I had the high court bailiffs at her door u til I got my £11,000 paid in full. Moral of the story? Don’t become a LL if you have no idea what the legislation for ast’s is. Oh and don’t think that just because you own the house you have a right to turf out legitimate tenants from their home! Good luck op 🤞

The first sensible reply.

I'm amazed again and again at the widespread attitude to see providers of accommodation as some kind of modern age "Lords" whose rights trump everyone else's and can't do no wrong.

There are some horror tenants, but ALSO a number of horror landlords.

The game of seeing only own rights and ignoring the other side's rights can be played both way. I know of few cases where some nasty landlords learned it the only way they understand - by losing a lot of money in court.

betterangels · 15/08/2024 17:04

my landlord will be pulling in about four grand a month.

Except she's not, as you're not paying. It's also not the point.

Brainded · 15/08/2024 17:06

littledragon99 · 15/08/2024 16:55

It’s 2 unrelated people on an ast & 2 Airbnb’s
my landlord will be pulling in about four grand a month.

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Not your business @littledragon99

BMW6 · 15/08/2024 17:09

Blimey OP you are your own worst enemy here.

Why on earth haven't you set up a standing order to pay your rent ON TIME given your history of late paying because you "forget".

You do realise that if you are evicted for late payment you will be regarded as having made yourself homeless so the Council won't be obliged to help you, and you'll have a hell of a job getting another private let with your history.

Your excuses aren't washing. You've been bloody lucky so far so get your act together!

BMW6 · 15/08/2024 17:10

littledragon99 · 15/08/2024 16:55

It’s 2 unrelated people on an ast & 2 Airbnb’s
my landlord will be pulling in about four grand a month.

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So what?

Totally irrelevant.

Enigma52 · 15/08/2024 17:14

Plus, what action are you prepared to take? You are skating on thin ice by withholding rent. Seek help regarding your financial difficulties, but please do turn this around, before it's too late.

EI12 · 15/08/2024 17:17

Smithhy · 15/08/2024 13:31

Are you renting a room or the entire place?

Are you serious? A 3-bed Victorian in Turnham Green or Chiswick for £1200 pm the entire place? Where are you posting from? What planet?

InvisibleBuffy · 15/08/2024 17:18

I'm a renter and the rental market is nuts and I tend to side with renters on threads. It's hell paying a fortune and having so little control over your living space and so little home security.
That said, I'm solidly with the LL on this one. Pay your rent on time. You really can't complain that she's not happy if she has to chase you for payment. Set up a standing order to come out of your account the day after you get paid, then you don't have to worry about it.

Original poster

littledragon99 · 15/08/2024 17:21

I have found my deposit. It is in a TDS but the landlady added it nearly 2 months after i signed the AST

OP posts:

BigComfyTracksuit · 15/08/2024 17:22

DaSilvaP · 15/08/2024 17:04

The first sensible reply.

I'm amazed again and again at the widespread attitude to see providers of accommodation as some kind of modern age "Lords" whose rights trump everyone else's and can't do no wrong.

There are some horror tenants, but ALSO a number of horror landlords.

The game of seeing only own rights and ignoring the other side's rights can be played both way. I know of few cases where some nasty landlords learned it the only way they understand - by losing a lot of money in court.

Show quote history

But the LL doesn't sound like a 'horror', it's just the OP can't afford her rent and wants to find a technicality to avoid being evicted. The LL meanwhile is trying to recoup her losses.

Now, if I were the OP I would be moving out. But the rest of this nonsense just proves the OP isn't acting in good faith. She doesn't even know for sure what has happened with her deposit - it might be protected for al she knows. She's decided to withhold rent (always a bad plan) with no actual facts about anything else.

I completely agree about horror landlords, but OP is a pretty dreadful tenant who is trying to abuse the system to live for free because she's anxious. It's outrageous.