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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
GoodLordyTheExcusesWeMakeForThem · 15/08/2024 14:25

littledragon99 · 15/08/2024 13:58

I have ADHD and often need to be reminded

It’s actually irrelevant as long as she is never more than 8 weeks in arrears. For eviction purposes that is anyway

CasaBianca · 15/08/2024 14:28

GoodLordyTheExcusesWeMakeForThem · 15/08/2024 14:23

Ah then you cant use removal of them as a valid reason to withold rent, however the 8 week rule still stands. You can use this to force her hand regarding the airbnb a court would also be likely to look sympathetically on your situation given the worsening anxiety caused by this ‘venture’ of hers.

Why are you giving OP false hope, « a court would also be likely to look sympathetically on your situation » do you really believe a court will be sympathetic with a tenant who has never paid rent on time and has then chosen to not pay??
As it stands we don’t even know that the deposit wasn’t protected, we just know that OP rents a room and is not paying her rent.

StickItInTheFamilyAlbum · 15/08/2024 14:29

OP, does your AST specify a duration, like 6 months or longer?

Theweepywillow · 15/08/2024 14:30

Op she’s already talking eviction. There is no further action you can take. She however can evict, and I’d assume will.

id urge you to think fast, as you won’t get another rental, no landlord will take you on and your reference will be bad. You will be in temp accommodation with the council, a refuge or bnb.

i understand if you don’t have the money it’s hard, but you need to pay it. Or your problems are about to get a lot worse.

littledragon99 · 15/08/2024 14:30

StickItInTheFamilyAlbum · 15/08/2024 14:29

OP, does your AST specify a duration, like 6 months or longer?

It says this:

I signed the contract on 10/3/24, so 5 months ago, 6 months in September

EXPIRY OF THE TENANCY
At the end of the fixed term granted by this Tenancy, the Tenant shall return the Property and the Contents to the Landlord in the condition
required by this agreement
If the Landlord allows the Tenant to remain in the Property after the Term has expired then a statutory periodic tenancy shall arise on a monthly
basis. To end the periodic tenancy, the Tenant shall give the Landlord at least one month’s notice in writing. The notice must end on the day before
the rent is due
The Landlord has the right to recover possession of the Property if:
(a) the Tenancy has come to an end;
(b) the Landlord has given two months’ notice to the Tenant of the Landlord’s intention to recover possession of the Property; and
(c) at least six months have passed since the date of this agreement

OP posts:
GoodLordyTheExcusesWeMakeForThem · 15/08/2024 14:32

Sarvanga24 · 15/08/2024 13:42

Maybe lodgers not paying their bills puts HER anxiety levels through the roof?

As others have said, you need to separate issues here. If you feel your rent is unfair then attempt to re-negotiate it and if (when LOL) unsuccessful then move out and find somewhere at a cost you do feel is fair. Obviously references will be an issue ...

I completely disagree. She doesnt have to move anywhere. She can take the LL to court for non protection of a tenancy deposit and possibly force the LL to need to sell the house to pay her the resulting fines. Thereby giving the op plenty of money to pay months of rent upfront and not need references. I guess it all depends on the ability of the op to be her own advocate and fight for her own mental health and wellbeing of being able yo enjoy get home without fear of harassment, which she is entitled to do and the LL currently isn't allowing by renting out to god only knows who whenever she feels like it. I know what i would do, because i did it. Don't be a LL if you're too lazy to know the law surrounding it because it can be a very costly mistake

Theweepywillow · 15/08/2024 14:33

littledragon99 · 15/08/2024 14:30

It says this:

I signed the contract on 10/3/24, so 5 months ago, 6 months in September

EXPIRY OF THE TENANCY
At the end of the fixed term granted by this Tenancy, the Tenant shall return the Property and the Contents to the Landlord in the condition
required by this agreement
If the Landlord allows the Tenant to remain in the Property after the Term has expired then a statutory periodic tenancy shall arise on a monthly
basis. To end the periodic tenancy, the Tenant shall give the Landlord at least one month’s notice in writing. The notice must end on the day before
the rent is due
The Landlord has the right to recover possession of the Property if:
(a) the Tenancy has come to an end;
(b) the Landlord has given two months’ notice to the Tenant of the Landlord’s intention to recover possession of the Property; and
(c) at least six months have passed since the date of this agreement

Edited

Ok in one month she will give 2 months notice . Don’t let it get to that op. As said, if you do, no landlord will ever rent to you again.

Theweepywillow · 15/08/2024 14:34

GoodLordyTheExcusesWeMakeForThem · 15/08/2024 14:32

I completely disagree. She doesnt have to move anywhere. She can take the LL to court for non protection of a tenancy deposit and possibly force the LL to need to sell the house to pay her the resulting fines. Thereby giving the op plenty of money to pay months of rent upfront and not need references. I guess it all depends on the ability of the op to be her own advocate and fight for her own mental health and wellbeing of being able yo enjoy get home without fear of harassment, which she is entitled to do and the LL currently isn't allowing by renting out to god only knows who whenever she feels like it. I know what i would do, because i did it. Don't be a LL if you're too lazy to know the law surrounding it because it can be a very costly mistake

The op doesn’t even know if the deposit is protected or if she’d have an issue getting it back.

what a crazy post,

littledragon99 · 15/08/2024 14:35

Theweepywillow · 15/08/2024 14:33

Ok in one month she will give 2 months notice . Don’t let it get to that op. As said, if you do, no landlord will ever rent to you again.

And if she didn't pay my deposit into a TDS, (or I've got a feeling she panicked and she did but it was past the 30 days) can she still evict me?

OP posts:
blackcherryconserve · 15/08/2024 14:35

Don't ever withold rent and if you have a problem remembering to pay it (!) then set up a standing order to pay it the day after your salary gets paid into your account.
As to the loss of the living room I guess it all depends on what your contract states as to whether your LL has broken it by renting that room out as an Airbnb.

Brainded · 15/08/2024 14:36

@littledragon99 how exactly did your Mother’s death lead you to financial difficulties? Sorry if that’s a nosey question but I don’t understand. It’s very simple though you need to pay your rent and you need to pay your rent ON TIME.

blackcherryconserve · 15/08/2024 14:36

littledragon99 · 15/08/2024 14:35

And if she didn't pay my deposit into a TDS, (or I've got a feeling she panicked and she did but it was past the 30 days) can she still evict me?

Yes. One thing has nothing to do with the other.

MyBreezyPombear · 15/08/2024 14:37

GoodLordyTheExcusesWeMakeForThem · 15/08/2024 14:32

I completely disagree. She doesnt have to move anywhere. She can take the LL to court for non protection of a tenancy deposit and possibly force the LL to need to sell the house to pay her the resulting fines. Thereby giving the op plenty of money to pay months of rent upfront and not need references. I guess it all depends on the ability of the op to be her own advocate and fight for her own mental health and wellbeing of being able yo enjoy get home without fear of harassment, which she is entitled to do and the LL currently isn't allowing by renting out to god only knows who whenever she feels like it. I know what i would do, because i did it. Don't be a LL if you're too lazy to know the law surrounding it because it can be a very costly mistake

You're making a lot of stuff up and saying a lot of things that aren't true.

Just because you don't like landlords doesn't mean the OP can't be chucked out for not paying rent. Yes she's got rights but so does the landlord and that is to be paid and on time.

No I'm not a landlord, no I don't own a home and never have. I've always rented.

Theweepywillow · 15/08/2024 14:37

littledragon99 · 15/08/2024 14:35

And if she didn't pay my deposit into a TDS, (or I've got a feeling she panicked and she did but it was past the 30 days) can she still evict me?

Yes as long as you get back what part of it is owed. It doesn’t protect you from eviction, two seperate things.

MyBreezyPombear · 15/08/2024 14:38

littledragon99 · 15/08/2024 14:35

And if she didn't pay my deposit into a TDS, (or I've got a feeling she panicked and she did but it was past the 30 days) can she still evict me?

Why do you think she's only put it in a TDS in the past 30 days?

littledragon99 · 15/08/2024 14:38

Brainded · 15/08/2024 14:36

@littledragon99 how exactly did your Mother’s death lead you to financial difficulties? Sorry if that’s a nosey question but I don’t understand. It’s very simple though you need to pay your rent and you need to pay your rent ON TIME.

I went into major depression/withdrawal, for some reason I'm able to switch it on at work and sell but when i'm at home i just collapse, i barely leave my room tbhi

OP posts:
Theweepywillow · 15/08/2024 14:38

MyBreezyPombear · 15/08/2024 14:37

You're making a lot of stuff up and saying a lot of things that aren't true.

Just because you don't like landlords doesn't mean the OP can't be chucked out for not paying rent. Yes she's got rights but so does the landlord and that is to be paid and on time.

No I'm not a landlord, no I don't own a home and never have. I've always rented.

Yes, I’m astounded at what that poster is writing. Forced to sell the property to pay fines. Confused

Theweepywillow · 15/08/2024 14:39

littledragon99 · 15/08/2024 14:38

I went into major depression/withdrawal, for some reason I'm able to switch it on at work and sell but when i'm at home i just collapse, i barely leave my room tbhi

I’m sorry about that, but why does that mean financial difficulties to the extent you can’t pay your rent?

Brainded · 15/08/2024 14:40

littledragon99 · 15/08/2024 14:38

I went into major depression/withdrawal, for some reason I'm able to switch it on at work and sell but when i'm at home i just collapse, i barely leave my room tbhi

But you still get paid yes? Why is your rent not set up on a direct debit or standing order on the day after you get paid?

littledragon99 · 15/08/2024 14:40

MyBreezyPombear · 15/08/2024 14:38

Why do you think she's only put it in a TDS in the past 30 days?

So when I went to citizens advice, she hadn't put it in otherwise i was told i would have been notified. However since I threatened her with this, knowing her personality a bit i think she might've panicked and done it later

OP posts:
LadyGabriella · 15/08/2024 14:42

A 3 bed Victorian terrace in London for £1200
pcm rent? That’s insanely cheap. Withholding rent here is so shitty.

MyBreezyPombear · 15/08/2024 14:42

littledragon99 · 15/08/2024 14:40

So when I went to citizens advice, she hadn't put it in otherwise i was told i would have been notified. However since I threatened her with this, knowing her personality a bit i think she might've panicked and done it later

Were you notified when she panicked and did it later?

BigComfyTracksuit · 15/08/2024 14:42

I don't get what you want OP?

You can't live anywhere for free. If you don't like the house leave, if you want to stay pay and pay on time. You aren't a prisoner and if you have anxiety maybe leaving is best.

It sort of feels like you want to live there and not pay rent because you're a bit stressed.

MyBreezyPombear · 15/08/2024 14:42

@Theweepywillow I'm glad it wasn't just me thinking that

littledragon99 · 15/08/2024 14:43

Brainded · 15/08/2024 14:40

But you still get paid yes? Why is your rent not set up on a direct debit or standing order on the day after you get paid?

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

OP posts: