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.

I can’t give “great” legal advice unless I was actually to see to the contract. It wasn’t meant as advice anyway I was stating the law. (It’s my day job)

She’s trying to find a reason to excuse her not paying the rent.

This is what my tenant has done and I can tell you know it causes a huge amount of anxiety for a landlord. Above all I just wanted to know what he’s thinking and if there was anything I could do to help. Instead he refuses to speak to us so ending the tenancy it is. You can’t ignore a problem and expect it to go away. Life doesn’t work like that, you really need to deal with this head on. Get some support if you need it.

Agree you shouldn’t be withholding rent. The reasons (other problems) you give are entirely separate from you paying the rent- which you have a contract for.

OK I loathe the finance youtuber Dave Ramsey but he is not wrong about paying your "four walls" first. Since you have no utilities to worry about, this is only rent. This bill is your number one priority above all other debt, which can wait. Then set aside transport to work and food.

Your ll will think you have no intention to pay since you've ghosted her. Unblock and tell her you'll pay her in 2 weeks and intend to get back on track after a rough spell, and work to do that. Block again if you need to. Is there anything you can sell?

I'm Canadian and we have an old show called Till Debt do us Part (also can be found on youtube) where the host helps people learn to manage their money, which obviously a lot of people with adhd can struggle with.

Maybe she had no choice about getting in a third tenant, as you had been so flaky with your rent. Yes, you were having problems, but that’s not her problem, and she’s likely got things going on in her own life too. The world doesn’t and never will revolve around you.

Op , the landlord can serve a section 21, but a late protection of deposit means they need to give you the full deposit before they can serve it. However they can reduce this by the amount of late rent, and any damage you may have caused. As such, the landlord can serve you a section 21 without giving you the deposit as you owe it to them in rent.

they can’t do it for four weeks, but i assume you will,be late paying again, as this months rent will come out of your wage in 2 weeks, and then you’ve your debts. Now you can pay 2 months but you’re robbing Peter to pay Paul and it’s weeks till you are late again, can’t pay and she will serve.

id recommend emailing her and simply explaining you will pay in 2 weeks and look for somewhere else to live, and ask for a good reference. Then urgently find somewhere cheaper and leave.

Other debts can’t possibly be more important than the one that keeps a roof over your head, especially when it includes all your other bills too.

Deliberately not paying rent and actively looking for ways to justify that is the behaviour of scummy, nightmare tenants. Why would you want to be one of those when you sound like you ideally want to stay beyond the initial six months?

It depends what type of tenancy you have: joint (for the house) or sole (for your room) and if the latter, whether access to a shared living room is included in that.

Don’t withhold rent. Once you’re in 8 weeks rent arrears, the court has no discretion to order possession.

england.shelter.org.uk/housing_advice/repairs/withholding_rent_for_repairs

But if the deposit hasn’t been protected, a possession notice (section 21 notice) is invalid.

No it isn’t, please do not give erroneous info, it’s bad enough without misleading her. The landlord has to give the full deposit back before she can serve a 21, and she can reduce it, by any money owed.

How do you remember to pay your other debts but not your rent?

It sounds like you are a nightmare tenant. You are unreliable , the LL is entitled to the rent........

The roof over your head should be a priority. You should have set up a DD .

Maybe get some debt management support so that you can organise yourself to pay your bills.

TBH I feel sorry for the LL having to deal with this, it is so unfair.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/what_to_do_about_an_unprotected_tenancy_deposit

It does sound like you may have created a bit of a nightmare for your landlord by not paying on time. Did I read correctly that you were once a whole month late?

Having said that, have you a copy of the original advert, screen shots etc as that is surely what you signed up for?

I think what you've ended up with is very different for two reasons.

1. safety. You don't know which randomera are staying there. A long term tenant is a different kettle of fish. This would concern me more than losing the living space.

2 if the advert reverted to living space and that is no longer available then that is not what you paid for.

Not a lawyer though but my plan would be to get into the habit of paying on-time.
Then negotiate for your living space back.
In the meantime seek some legal help if you can access some.

It's your day job? What's your day job? Hopefully not housing law.

Suggest Shelter webchat for specific advice: https://england.shelter.org.uk/get_help/webchat

You may be entitled to some local housing allowance if you’re struggling with rent.

safety. You don't know which randomera are staying there. A long term tenant is a different kettle of fish. This would concern me more than losing the living space.

A tenant of a room in a shared house doesn’t get to vet the other occupants

Actually I did, and was vetted myself. A bit Shallow Grave, but the landlady thought it worked, and it did.

They don't but a shared house of 2 other long term tenants is different to someone new appearing every couple of weeks.
I wouldn't sign up for that.

They are right. Did you read the bit underneath? They can serve a S21 after they have return the deposit. However, OP owes so much rent that will wipe that out. People are giving op false hope.

@littledragon99

This is correct.

It’s not entirely irrelevant. It does apply to mandatory ground 8, but not to discretionary ground 10.
I think it’s fairly unusual for eviction to be ordered on a discretionary ground, but it wouldn’t be in the legislation if was not possible.

The court can order possession on ground 11 if the tenant has persistently paid their rent late. The tenant does not have to be in arrears on the day of the court hearing.

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/possession_process_for_rented_property/rent_arrears_possession

OP can you make a part payment of rent? Email apologising and promise to payday asap the arrears. Then look for somewhere else to live.