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.

So step 1 is a plan to pay rent, not a scheme to get out of paying it. I’m going to go out on a limb and think there has been lot of isolated but explainable events prior to March of this year that show a similar pattern.

The OP needs to get a handle on this or it’s going to continue. Pointing that out is not being mean.

@ Saltines: My comment was directed at what Violetto said directly above, which I believe is uncalled for or even dangerous if someone is really struggling.

Get off mumsnet and get some proper legal advice. Some of what you've been told is right, some is wrong. But ultimately you are legally obliged to pay rent lawfully due and can seek legal recourse for any breach of contract/failure to protect deposit if there are sufficient prospects to do so. You should speak to local CAB or Shelter, not random people on mumsnet who haven't seen your tenancy agreement, don't know what other documents you may have and aren't your legal adviser.

Also discovered LL does not have an HMO licence & still freaked out she might move back in when one of the airbnbs move out

Does she need a licence?
It says you need a licence if its 5 or more people and it's their sole residence?

Any need for this?
How is this helpful?

You can find out all you want but you're still out on your ear in a few weeks if you don't pay rent then no one else will touch you

hang on.. I think she’s got around this by mixing up Airbnb + ast’s - is that even legal? Was it legal for her to contact my boss with out telling me first and asking him to pay her directly ? Massively undermining my professional relationships

Depending on area this might be ok,
Some regions only need it for certain areas or more than 5 people I believe.

Op you need a plan!! What's best case scenario for you!

If you want to move and she wants you out maybe cut a deal?

I actually don’t want to move out I need stability but I’ve run out of money

@Unmumsymofo

im a property owner before you come at me. I don’t have skin in the game. But I don’t come from a property owning family, and I remember the hussle 15years ago of renting. It looks bleak still…

The hustle of renting?! WTF?! There is no hustle. You choose a property you want to live in and you agree to pay rent each month to the person who owns the property. You sound as entitled and bitter as the OP.

We had a second property we ended up selling. It would have been a far better financial decision to rent it out as it would have been our pension in years to come but the prospect of renting it out and ending up with tenants like this was just soul destroying.

' & still freaked out she might move back in when one of the airbnbs move out '

so she did live there before ?

so you are becoming concerned that if she lives there you may actually be a lodger and not a tenant ?

what you need to be concentrating on is ...paying the rent !

Yes she only moved out about 6 months ago and she still has her stuff in cupboard under the stairs. If she moves back in I will become a lodger & then she can kick me out ?

My understanding is if you are consistently late paying then you don't have to be 2 months in arrears for a section 8?

OP, if you've gathered all the information, have you had a webchat with Shelter?

She can kick you out anyway, because you are not paying your rent.

If you want stability you need to move out, find a place you can afford, and pay your rent on time.

But you are expected to pay your rent.

' I think she’s got around this by mixing up Airbnb + ast’s - is that even legal? '

stop worrying about other issues

you are not paying your rent, it appears you never have paid properly on time - is this legal ! sort out your issues instead of wondering if what the owner of the property does

'Was it legal for her to contact my boss with out telling me first and asking him to pay her directly ?'

maybe she was actually trying to help - in light of your health issues she thought it would be easier to get paid directly from your source ?

do you realise that for some debts that the creditor can get payment directly from one's employer - i believe Council Tax is one, it's called an attachment of earnings

' Massively undermining my professional relationships ' and you are being massively unprofessional regarding your rent and forgetting to pay it.

OP, be honest. If the living room wasn’t being let out on Airbnb would you be still be paying? Can you afford it?

You've really not taken any of the advice on board have you?

Furthermore your posts are full of inaccuracies - you moved in during March but signed the contract in May.
so I rather suspect the deposit was protected on time.

You said the landlady didn't live there - she lives miles away, but then you say she only moved out 6 months ago.

Pay the rent, find somewhere you can afford to live and move out.
and next time always always pay the rent make it the first thing you pay when you get paid, if you run out of money for ' life ' then you will have to use food banks until you can manage your money better.

You're working awfully hard to try to discredit your landlady. Maybe focus on paying your rent.

This thread is actually crazy.

She can kick you out for not paying rent. Whether she moves back in or not is completely irrelevant. Same applies to the deposit scheme. And the AirBnB let.

Not sure why you're just ignoring what everyone is saying. Weird.

Find somewhere else to live that you can afford.

Whether she's got a licence or does air bnb or anything else doesnt change your financial situation
If you want to live there then you pay the rent
If you can't pay the rent then you move
No amount of advice regarding what she has and hasn't done about deposits and licences is going to increase the amount of money you have

@littledragon99 Why don't you make an appointment with either CAB or Shelter, to get some proper advice on your situation? No one on MN, knows your income or outgoings ( except your rent, which you are not paying).

There are many organisations which can assist with debt ( Stepchange?) and they will be able to advise on how to proceed, so that things don't spiral further. CAB are excellent, please do call or drop into your nearer centre ASAP. It might be that they can help you consolidate all your CC debts into one, so that you are only paying one affordable debt each month.

Communication with your LL and with those whom you owe money, is key. Keep talking to them, don't withdraw contact, it won't end well.

Rent is obviously your biggest expense. You say you don't want to move , but £1200 for a room in a shared house, does seem a lot. Have a look on Spare room for cheaper accommodation? Or look at cheaper areas?

Are you entitled to any benefits; universal credit for example? Would using a food bank help, whilst you are struggling? Again CAB can assist with all of that.

Be proactive OP, take back control. Tell your LL what's going on and then get down to CAB pronto.