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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Witholding my rent AIBU

831 replies

littledragon99 · 15/08/2024 13:29

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.

OP posts:
Thread gallery
9
RedHelenB · 16/08/2024 10:56

littledragon99 · 15/08/2024 13:58

I have ADHD and often need to be reminded

Set up a standing order/ direct debit. Failing that an alert on your phone.

blackcherryconserve · 16/08/2024 11:02

Andthereitis · 16/08/2024 10:22

What are hmo rules for where you live? Shelter or the local council might have a private rental officer to speak to about this change.

If your contract says you have a communal lounge area then this change is unfair.

It doesn't according to previous posts on the thread.

blackcherryconserve · 16/08/2024 11:03

RedHelenB · 16/08/2024 10:56

Set up a standing order/ direct debit. Failing that an alert on your phone.

Once that is set up you don't need reminding littledragon99

Enigma52 · 16/08/2024 11:06

@littledragon99 what are you going to do next, given all the advice you've been given?

Loloj · 16/08/2024 11:12

littledragon99 · 15/08/2024 13:58

I have ADHD and often need to be reminded

oh come on OP! That is no excuse and you know it. Pay your rent through a standing order that comes out of your bank account on a set date.

My close friend has ADHD and manages to pay her rent on time - that’s a poor excuse.

littledragon99 · 16/08/2024 11:13

She gets between £1000- £1400 off the living room alone on Airbnb pcm

OP posts:
Nicknacky · 16/08/2024 11:14

littledragon99 · 16/08/2024 11:13

She gets between £1000- £1400 off the living room alone on Airbnb pcm

Edited

And? What’s that got to do with anything?

Edingril · 16/08/2024 11:15

Do not hold your rent that will not be of any use

murasaki · 16/08/2024 11:16

Nicknacky · 16/08/2024 11:14

And? What’s that got to do with anything?

Not your business. Ankd she needs it as you keep refusing to pay your rent. As a PP said, you wouldn't be happy if your work refused to pay you.

Why are you ignoring everyone's advice? Have you spoken to her yet?

Edit, to OP not@Nicknacky , sorry!

SleepyDibbilo · 16/08/2024 11:17

@littledragon99 Forget what the landlady does or doesn't make on the house. It doesn't matter and has no impact on whether or you will be evicted.

To repeat earlier posters questions, what is your plan? Are you hoping to stay there? To not ever pay rent again? Have you asked anyone other than mumsnetters for help or advice sorting this out?

OlderGlaswegianLivingInDevon · 16/08/2024 11:18

what the landlady may or not get for the former living room has nothing nothing at all to do with you / to do with you withholding your rent / being constantly late with your rent

Shelter will inform you that if you lose your home because of rent arrears you will be considered to have made yourself intentionally homeless.

OlderGlaswegianLivingInDevon · 16/08/2024 11:20

How do you know what she is charging through AirB&B - are you questioning the people in the room or are you stalking the landladies account on AirB&B ?

RadioWhatsNew · 16/08/2024 11:22

@littledragon99 you're becoming fixated on entirely the wrong things.

You cannot withhold rent for a room not listed in your AST, even if it were listed you would not have grounds to withhold rent but could have tried to negotiate a reduction due to the loss of a communal space however as the lounge isn't listed in your AST it's a moot point.

From your posts it's clear that the house isn't a HMO as the landlord rents out 2 rooms on AST and uses Air B&B for the other two. She isn't breaking any laws or regulations here by doing it this way. Even if it were a HMO you still would not have grounds to withhold rent, so again this is a moot point.

Your deposit being lodge late in TDS late does not allow for you to withhold rent. It may mean that should she try to evict with S21 that she may have to pay the deposit back before she could (entirely dependent on when she received the deposit as that's when the 30 days starts so may not be late) in any event she can deduct your rent arrears from this amount making it also a moot point.

Given you've said all of your bills are included, this likely includes the provision of the cleaner and should be accountable in the AST, whilst it might be an inconvenience for her not to tell you when she is coming if you have agreed to it you don't have a point to argue on and certainly isn't grounds to withhold your rent.

You signed your AST for your bedroom, use of a bathroom and kitchen. If the landlord stores their belongings in cupboards and have done so prior to commencing your tenancy and your AST doesn't cover sole use of these areas you cannot withhold rent on these grounds.

Please stop getting bogged down on the above, it is doing you no good, these aren't excuses or reasons to withhold rent. The issue you need to focus on is paying your rent and coming to an agreement on a payment plan to repay the arrears. Blocking your landlord is inflaming the situation and will likely push them to evict you as soon as the opportunity arises.

Legally you are on very precarious grounds. Your rent should be paid first and foremost above all other debts. Your overdraft and credit card/loan debt are all secondary to your rent. You need to set up a standing order to pay your rent, contact your landlord and come to an agreement on how to repay the arrears. You can't continue to pay your rent late and ADHD isn't an excuse, the reality is, as an adult, you are responsible for your own bills and shouldn't need reminding.

Please speak to Shelter regarding your housing situation and speak to CAB regarding your wider debt situation and stop putting your head in the sand, continuing as you are will almost certainly lead to an eviction which you will have virtually no legal grounds to contest or defend. Whilst I have sympathy that you clearly are struggling with life and a bereavement, you need to take some responsibility and begin positive steps to form a plan to get your life back on track.

GettingStuffed · 16/08/2024 11:25

I'm surprised no-one has suggested debt advice. There are free companies who will look at your income and negotiate repayments -usually 0% interest. That will enable you to have enough money to pay your rent in full.

You need to prioritise your rent, food, transport to work before paying off other debts.

NewGreenDuck · 16/08/2024 11:27

GettingStuffed · 16/08/2024 11:25

I'm surprised no-one has suggested debt advice. There are free companies who will look at your income and negotiate repayments -usually 0% interest. That will enable you to have enough money to pay your rent in full.

You need to prioritise your rent, food, transport to work before paying off other debts.

I did suggest exactly that, some time ago. I also gave advice about prioritising housing costs so the OP didn't lose the roof over her head.

Sarvanga24 · 16/08/2024 11:29

littledragon99 · 16/08/2024 11:13

She gets between £1000- £1400 off the living room alone on Airbnb pcm

Edited

That is none of your business. The only bit that is your business is paying your contracted rent for your room.

Enigma52 · 16/08/2024 11:31

Urghh, OP, you are infuriating. What does it matter if she's making £2000000 on the living room? You aren't open up any suggestions on here. Good luck!

WoolySnail · 16/08/2024 11:32

Omg OP stop burying your head in the sand and grasping at straws- and pay your rent! Everything else is irrelevant. You want to stay, so unblock your LL, apologise and ask if you can work something out regarding your arrears etc. No matter what you come up with excuses wise- YOU HAVE TO PAY YOUR RENT.

kittensinthekitchen · 16/08/2024 11:37

littledragon99 · 16/08/2024 09:05

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

So I'll ask again....

How are you having financial hardship if you've said you have been going to work like normal and just falling apart at home?

OhmygodDont · 16/08/2024 11:39

The landlady could be a multimillionaire and you’d still be in the wrong for not paying your rent.

nobody in this world owes you a free roof over your head.

What she earns is her business. You are a tenant who needs to pay their rent in full and on time. Your not a child your a fully grown women.

Brainded · 16/08/2024 11:40

@littledragon99 the LL could have a billion in the bank…but her financial state has no bearing on whether you pay rent or not!! Pay the rent!! Stop making excuses to freeload! This is absolutely ridiculous!

Enigma52 · 16/08/2024 11:40

OhmygodDont · 16/08/2024 11:39

The landlady could be a multimillionaire and you’d still be in the wrong for not paying your rent.

nobody in this world owes you a free roof over your head.

What she earns is her business. You are a tenant who needs to pay their rent in full and on time. Your not a child your a fully grown women.

This OP!!!

littledragon99 · 16/08/2024 11:41

OlderGlaswegianLivingInDevon · 16/08/2024 11:20

How do you know what she is charging through AirB&B - are you questioning the people in the room or are you stalking the landladies account on AirB&B ?

I chatted to them

OP posts:
OhmygodDont · 16/08/2024 11:42

Stop harassing her bnb guests ffs. Won’t just be late rent she will be coming at your for.

littledragon99 · 16/08/2024 11:43

I have massive overdrafts and credit card debt from my last business that failed. This landlady was okay to bypass the credit checks by using my boss as a reference instead.

OP posts:
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