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.

Well they won't be for the next one. If you get one. You're a bad bet.

What are you going to do OP?

I wonder if the boss can get in trouble for giving a false reference. It's no wonder the landlord is pushing them to sort this mess out.

She can legally keep your deposit to cover rent arrears.

She can legally end your Room-only AST and evict you.

She's entitled to rent out communal areas.

She's entitled to employ a cleaner who lets herself in for communal areas.

You are so unreasonable this can't be true.

@littledragon99 you've ignored every single post offering help and advice.

Posters have gone over at length multiple times about the deposit protection and how that works and how it really isn't relevant in the way you believe it is.

You've ignored all of this and are fixated on all of the wrong things and I'm starting to think you may be on the wind up and being deliberately goady

If your landlady actually lives in the house too you are a lodger not a tenant and don't have the same rights AFAIK.

She doesn't. She did, then moved out, and the OP has been snooping through her stuff which is stored in a cupboard.

Do you have any intention of paying the missing rent?

+1000

You are being massively unreasonable, and ADHD is not an excuse. You can’t afford the rent, so then move. It is not your landlady’s responsibility to allow you to live rent free, regardless of all of the excuses you’ve pulled here. You are lucky she has been so patient to date. Assuming you’ll need a reference to rent after this place, I’d be finding a way of paying her the two months you’ve missed paying and kissing arse for a reference, though with your track record I’d be surprised if you passed any checks, and your boss would be an idiot to give you a reference for housing again.
Talk to shelter, make a plan, but stop making excuses for something which is entirely of your own making.

S8 can be served even if deposit not protected.

S8 operates differently to S21 because there has to be a ground for eviction eg rent arrears.

The rules governing s21 eg deposit protection do not apply to s8.

That's why it's NEVER a good idea to withhold rent.

You said earlier you've run out of money. Is this why you're not paying the rent and the use of the living room is being used to justify your behaviour?

As this thread has progressed it’s become obvious that you are just looking at ways of staying where you are and not being legally evicted.

Whilst not actually paying your rent both in a timely manner or actually at all.

It’s not a wonder your LL contacted your boss who has been listed as a reference or even perhaps a guarantor.

It’s apparent you can’t afford this level of rent and there will be others that are cheaper in another location.

But one thing for sure is that you will be evicted as you have paid both late and now not at all in the limited time frame that you have been living there.

I think this lady has some very serious MH issues. She writes like a child would to explain why she does things. Unfortunately this isn't going to end well.

This. All whilst you've been "focusing on your DJ "career""?! And dogging rent.

You're a lead-swinging leech, OP, are you not embarrassed by your own behaviour?!

By the way, do you practice your "DJing" in your room?!

@violetto

' By the way, do you practice your "DJing" in your room?! '

that just made me splutter with laughter

Stop blaming ADHD. I have awful ADHD and my bills are paid on time.

FFS it doesn't matter that your deposit was protected late, she still protected it. You are so vague and wishy washy with dates anyway. You have been consistently late with rent and now haven't paid for 2 months, this is the problem.

@littledragon99

What were your living arrangements prior to March?

So fed up of ADHD being used as an excuse for poor behavior.

I have it myself and have never missed my rent.
Do you not have a standing order set up?
Not denying ADHD can create difficulties, but there are many work around and this is an easy one.

In the kindest way, you sound like a nightmare tenant. What do you think will happen if you don't pay your rent? You will lose your home. It's a massive priority - much higher priority than most other bills/debts tbh.

Get another appointment with Citizens Advice for support with your budget and debt issues and start looking for your next place to live as there's no way your landlord will renew your contract when it ends in a couple of months!

This.

I’m out! I had some sympathy for Op mainly as I feel private rents are out of control especially in London, but this is becoming pointless.

I suggest others do the same and stop responding, as maybe then OP will actually take time to properly read and digest what’s been said and take some practical steps.

As opposed to just coming on here and trying to keep the thread going with adding irrelevant info, while seemingly ignoring most advice and attempts to signpost them to appropriate organisations.

That disagrees with what you posted earlier (Yesterday 14:43)

"First month i had a a £3k overdraft that suddenly ended and my salary got sucked into that black hole. I was able to pay, but late. 3rd month i paid both month 2 and month 3 in 1 go"

Also, in your opening post you said "I pay £1,200 a month with all bills included" so I don't understand the £1750 and £1850 amounts.

And as for :
"[deposit was] Protected late and I was never informed hence voiding the whole thing from what i understand"

I am not convinced you were never informed. You may have overlooked it, you are somewhat chaotic, but you probably received it. Stop pinning your hopes on being able to use that to your advantage.

Your landlady, by your own account, has been pretty damned decent to you. She forewent credit checks. She allowed use of a communal area without charge. She pays for a cleaner. She only put the lounge on AirBnb to guarantee her income stream because you were not paying your rent on time.

She only moved out six months ago, so this property was likely her home (has she moved out only to move in with a partner, perhaps?) - her mortgaged home which she does not want to lose hence ensuring she pays her mortgage on time and in full by AirBnb-ing. I expect she'd rather have a tenant who paid her damned rent on time, rather than giving her the headache of using AirBnb.

STOP LOOKING FOR LOOPHOLES AND TURN YOUR ENERGIES TOWARDS HAVING A SECURE ROOF OVER YOUR HEAD.

You say "I actually don’t want to move out I need stability but I’ve run out of money". And how exactly is not moving out to be achieved when you have "gone no contact with the LL as don't know how to deal"? Nothing can be achieved unless you talk to your landlady. Nothing. So take your head out of the sand and face up to this situation of your own making. Start be making fulsome and sincere apologies to her, lay your cards on the table and see if an agreement can be reached. Don't fuck her about, stop trying to weasel out of paying rent, and be honest with her. If you keep on doing what you're currently doing, at best you'll delay eviction but eviction will be inevitable.

Op you are infuriating. You can't afford your rent. Move out to a cheaper area before she takes you to court.

I can’t grasp why you would feel entitled to live somewhere that you refuse to pay for???

If you want to live there, pay your rent.

If you don’t want to live there, move out and let her rent to someone who will respect the arrangements they agreed to and who will pay their rent in full and on time.