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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
AquaFurball · 17/08/2024 17:28

GoodLordyTheExcusesWeMakeForThem · 17/08/2024 15:25

The legislation says different but im sure you’ve taken this to court and had you opinion validated? No section 21 can be valid without return of the entire deposit, if it wasnt protected or, as in this case, it was protected late. It also wont ve valid if the prescribed information wasnt served and that cant happen once the deposit is paid out from the tds and returned in full to the tenant. It has to be returned in full before a section 21 can be valid because she protected it late. Thats what the leguslation says. She will also be automatically liable for a minimum of £2,400 plus the deposit in full by way of compensation and up to £7,200 for late protection of deposit and not providing the prescribed information. That’s not made up, it is the legislation. Even a judge can’t say no all they can do is award the minimum of £2400 or anything inbetween up to the maximum of £7200. It still won’t make a section 21 valid until the deposit is returned in full and the prescribed information is issued. Show me I’m wrong. I can quote the necessary legislation if needed or just post a link to the court case I won?

You are taking OPs word that she paid on the dates she said, how did she pay? Are these manual bank transfers? That she can't manage to set up or cash withdrawls, if she paid cash she will need a receipt to prove she paid when she said she did and the deposit was protected late.

Your advice might be perfectly sound but you might not be getting sound information.

AquaFurball · 17/08/2024 17:37

littledragon99 · 17/08/2024 16:36

My AST is for bedroom only plus kitchen & bathroom. So the LL can just move back into another bedroom whenever she wants since they are Airbnb?

Edited

You don't have proof that LL doesn't live there at all. Two rooms are AST, yours is 6 months. The other may have a similar ending date. Another room is Air BnB, your LL hasn't officially moved out at all if her stuff is also still in the house. She could have been moving in to help a relative for a few months or trialling living with a new partner for all you know.

Myahee · 17/08/2024 17:46

littledragon99 · 17/08/2024 17:07

No I’ve been ill for 2 weeks

Not too ill to post here looking for loopholes.

You'll be evicted soon, that's priority, no?

Cosyblankets · 17/08/2024 17:54

GoodLordyTheExcusesWeMakeForThem · 17/08/2024 13:47

Then she has failed in her duty as a LL and the fine/compensation legislation is still applicable. Did she ever provide you with the prescribed information? Or the details of where you could find it at least? I’m guessing probably not since she will know she was late in doing it and has left herself open to a court claim. Firstly if it wasn’t protected in line with the legislation then no section 21 can be valid until she returns the deposit in full. If she serves one do not tell her! Wait until the court date to bring it to the judges attention. Your ast states she has to give you two months notice. There are very specific rules on when the section 21 can be served, when the notice must begin and end etc. also you mentioned you’re two weeks in arrears but your ast says you have to give a months notice? If you pay rent weekly your ast should say you have to give a weeks notice? So it seems as though this LL has made the usual error of using a cut and paste ast for a unique situation and as such, has likely made many other mistakes. This is all in your favour. Use each of those mistakes to get the section 21 thrown out. She will have to serve again with another 2 months notice each time. As long as you pay your rent on time and never fall into more than 8 weeks arrears she can’t use a section 8 for eviction and she can’t serve both at the same time she has to make a decision. If she serves a section 8 and has it thrown out then serves a section 21 she has to accept that the rent owed is lost. That’s because a section 21 is a no fault eviction. Anyway, doing this can extend your ast long enough for you to save some money and find somewhere more affordable to live, should you choose. However, theoretically, with no prescribed information having been issued (which is why I said in an earlier reply, not to tell her!!) until after she returns the deposit in full, the prescribed information can’t be issued after the deposit is removed from the scheme and returned and so a section 21 can’t ever be valid. I’m not sure this has been tested in court yet but that’s certainly the way the legislation reads. Had I not decided to move, I certainly would have been testing this in court at the same time that I won my £11,000 compensation! So pay your rent on time but pay less for the loss of the room. Do not allow the shortfall to go above 8 weeks rent in total. You have up until the moment you walk in to court for a section 8 eviction to reduce it below 8 weeks and it will get thrown out. Keep the deposit information to yourself, do not be tempted to use it and tell her as you will be giving her time to cover her arse. There is no defence in court and she will be liable for compensation there is no option for the judge to do anything else, he HAS to award a minimum of 1x the deposit plus deposit returned and up to 3x plus deposit returned. That is my advice based on my own personal experience and I’m happy to help walk you through it including relevant legislation, timings etc if you want to pm me

There isn't any loss of room.
There is no mention of the living room on the AST.
She's paying for a bedroom and use of kitchen and bathroom
None of that has changed
Given the number of posts indicating her lack of finances it's clear that she cannot actually afford to live there.
She needs to move out

kittensinthekitchen · 17/08/2024 18:06

littledragon99 · 17/08/2024 16:43

I lived in Oxford but got my flat repossessed as my business went tits up when I lost my mum. Hence bad credit rating

So this has been going on for quite a long time then? Even though you stated you were able to get on with things at work? When did your mum pass away?

Why would you decide to move to London into an expensive rented room when you had such significant financial and mental health issues? Have you got friends and family nearby that encouraged you to relocate?

littledragon99 · 17/08/2024 18:21

kittensinthekitchen · 17/08/2024 18:06

So this has been going on for quite a long time then? Even though you stated you were able to get on with things at work? When did your mum pass away?

Why would you decide to move to London into an expensive rented room when you had such significant financial and mental health issues? Have you got friends and family nearby that encouraged you to relocate?

I got offered a good job and was trying to have a new start. Full transparency I take coke at the weekends as it works as anti-depressant and helps with my severe ADHD. I can see this will make the most patient of posters lose hope here so I’ll probably sign off and say thankyou for all your advice you’ve all been patient and mostly kind

OP posts:
KatherineParr · 17/08/2024 18:24

You're not paying your rent but you're paying for coke?? You honestly need to be getting appropriate MH and ADHD support with appropriately prescribed medication, not self medicating with coke.

Bigcat25 · 17/08/2024 18:27

Are you taking ADHD meds op? Hope you're able to work things out.

littledragon99 · 17/08/2024 18:28

Bigcat25 · 17/08/2024 18:27

Are you taking ADHD meds op? Hope you're able to work things out.

No just coffee & coke

OP posts:
InkyPinkyPonky24 · 17/08/2024 18:28

Who has told you that cocaine works as an antidepressant OP?

nocoolnamesleft · 17/08/2024 18:29

You're prioritising buying illegal drugs over paying your rent? Is this a wind up? You're plummeting in the direction of street homelessness, if you don't get rent up to date sharpish.

WeeOrcadian · 17/08/2024 18:29

Christ on a bike

I thought I'd seen it all on MN

  1. Stop blaming everything on ADHD - take some bloody responsibility for yourself and your life
  1. Move somewhere you can actually afford
  1. Stop the coke - you can't have your cake and eat it. In this case, have your coke and a roof over your head
  1. Pull your head out of your arse - this is what happens when you don't deal with grown-up life
outdamnedspots · 17/08/2024 18:30

Oh, OP, you sound like a nightmare tenant.

You know you have ADHD. Get yourself on some meds that will help, and set up a DD to pay rent on time.

Your poor landlord.

littledragon99 · 17/08/2024 18:32

outdamnedspots · 17/08/2024 18:30

Oh, OP, you sound like a nightmare tenant.

You know you have ADHD. Get yourself on some meds that will help, and set up a DD to pay rent on time.

Your poor landlord.

To get adhd meds you have to have a psych assessment which is in the thousands !

OP posts:
KatherineParr · 17/08/2024 18:33

littledragon99 · 17/08/2024 18:28

No just coffee & coke

OP, gently, do you realise caffeine and cocaine aren't medications and aren't actually helping either your MH or ADHD? Are you getting any proper support for these? I've read your posts but don't think you've covered this (sorry if I've missed it).

Edit: Cross-posted. You've probably spent the equivalent of a private ADHD assessment in cocaine by now. Have you gone on an NHS waiting list?

GoingRoundThatBlockAgain · 17/08/2024 18:34

littledragon99 · 17/08/2024 18:32

To get adhd meds you have to have a psych assessment which is in the thousands !

@littledragon99 so are you officially diagnosed with ADHD or is this a self-diagnosis?

outdamnedspots · 17/08/2024 18:34

Well, coke isn't cheap either @littledragon99 . And are you sure? Have you seen a GP?

Cosyblankets · 17/08/2024 18:35

Anyone else starting to think we've been had and this isn't real?

urbanbuddha · 17/08/2024 18:37

A notice for the correct period has to be served.

OP says she’s gone no contact with the LL. That might mean she’s not reading emails. We don’t really know what the LL has done.

OP, you need to get advice, and fast. Make an appointment with Shelter. Just do it.

Keep in mind The Marylebone Project.

I’d recommend seeing your doctor re your anxiety and coke use.

GoingRoundThatBlockAgain · 17/08/2024 18:38

@Cosyblankets i bloody hope so as nobody can be this chaotic, surely. I’d hate anyone to end up in the inevitable position facing OP.

murasaki · 17/08/2024 18:38

So you are self diagnosed and spend your rent money on coke. Do fuck off and I hope your landlady sees you (legally) out of her house.

urbanbuddha · 17/08/2024 18:38

Cosyblankets · 17/08/2024 18:35

Anyone else starting to think we've been had and this isn't real?

Yes.

PrincessofWells · 17/08/2024 18:44

Myahee · 16/08/2024 22:23

Yes, it's true, and perfectly legal, she's quite within her rights to do so.

You need to pay what you owe, along with an apology. Set up a standing order.
She's likely not going to renew your AST (why would she continue to rent to you, when she can replace you with a decent tenant that does pay on time?).

You say you want security but you're not going about this very well at all.

No, this is wrong. The landlord moving in will not void your Assured Shorthold Tenancy. It will remain an AST, with the normal AST protection.

Bigcat25 · 17/08/2024 19:00

Actually op is similar to someone I know who was self medicating ADHD and depression. It isn't that uncommon. (Not defending it as a good coping strategy.)

daleylama · 17/08/2024 19:08

Runningoutoftime99 · 17/08/2024 08:26

@littledragon99 go to the landlords forum on FB you’ll see how many people don’t pay rent and how long you can away with it until you sort your situation out - good luck

terrible advice - she'll get a bad reference, and if in London ( and in her 40's) she'll struggle to find anywhere else.