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.

You can see if your deposit is protected here:
https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected

If she has now correctly protected it she can serve notice but you could claim three times your deposit in compensation for the late protection.

As a smokescreen.

The OP is looking for any excuse to avoid paying her rent.

You said you spend most of your time in your room anyway, so the living room being unavailable shouldn't bother you half as much as your late rent bothers her.

The fines for renting out to too many people without a HMO licence are enormous. A LL would need to be crazy to risk it.

Even if ll has failed in something I don’t think advising someone whose mental health is already not great to go through court processes and its stress is a good idea.

complain about lounge etc all you want to LL and threaten her all you want; but then you try to negotiate with ll. unless your plan is to live there without paying rent or paying whole rent? The latter part I realise is what you asked - a reduction in rent in lieu of changes in lounge use. I would focus all my energise on that after visiting Shelter. Ll can take action and you might win some, but overall you will be homeless and intentionally homeless the council won’t touch you.

i wish those giving you advice disregarding your state of mind and what you can realistically cope with are aware they are misleading you!

Your LL hasn't served you with a notice to quit as yet although your 6 months lapses in just over 4 weeks. This may indicate patience on her part.

Before you speak to Shelter or another form of reliable advice, you need to have validated information to give them.

Talk to somebody in the local council to check the HMO licensing status etc. Take a look around to check for gas certification (if relevant), electrical safety, monitors etc. Check your TSD.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

Have all of this information together with your AST when you speak to Shelter/whomever. You may need to have a very clear idea of what you want to do. Remain there? Move elsewhere after delaying and obtaining a payout in the manner that GoodLordy outlines although that sounds as if it is something that requires nerves of steel and a good amount of organisational skills. Again, you may need to think through how you'll obtain future accommodation if your credit record and/or references are poor.

Out of interest, if only 2 tenants are AST and the rest is air bnb, does she need the HMO anyway or is this a loophole? E.g. say I had a 5 bed, and air bnbed 3 rooms on occasion, would I need one? I don't, of course, I renta 2 bed but pay on time, just interested how it works.

Let’s face it though. Say the landlady doesn’t have her license or whatever.

How does that help op. Because the second a reference goes to a new landlord/lady that says. Stayed 6 months, late month 1, skipped month 2, late month 3 (but did then pay month 2), late month 4, late month 5 and late month 6.

Her application will be put straight in the bin.

If she makes herself homeless via rent arrears the council won’t help rehouse her either.

She doesn’t need an hmo for two rooms and can air bnb the others. It seems your landlord knows exactly what she’s doing. If the deposit was late being protected it is irrelevant.

what is it you’re hoping to achieve op? You can’t live there free and you’re not entitled to the living room.

Thanks, that answers my question.

Honestly, a person in their late 40s choosing to rent a room in a shared house is a red flag to me, makes me think they haven’t got their shit together. Like the OP.

I know someone (also in their 40s) who recently rented a studio in central London for less than what OP is paying, before anyone comes at me about affordability.

I also rent a studio (further out in London) for less as well.

Exactly. Unfortunately you can make all the excuses you want op, but it’s all irrelevant.

I would bet she doesn't have an HMO licence, she's getting round it by letting two rooms out as one sort of letting and the other two as AirBnB.

Your local authority might care... and they might not.

I'd recommend advice from Shelter, and move, as I don't think you'll win this one even if you prove she's the slummiest of slum landlords.

Pay what you owe and plan on moving out asap, before she takes you to court.

I think unless she’s lived in the same borough in London for 5 years the council won’t be obliged to help anyway. Often private renters in London change boroughs when they move and then don’t have the length of residency necessary for help. I’m not sure about the detail of this though and that’s one reason I recommend chatting to Shelter. ASAP.

You'll have FAR more legal standing if you pay your rent. Don't withhold it.

Exactly. You seem really eager to make all of this her fault. It's not. I'd be renting out the living room as well in her place. You're taking the piss.

All those people saying that protecting the deposit and eviction aren't related are incorrect - if the deposit has not been protected then a S21 would be invalid.

From Shelter:
Section 21 eviction
Your landlord cannot give you a section 21 notice if:
your deposit is not protected with a scheme
it was protected more than 30 days after your most recent contract started
you did not get written information from your landlord about the scheme
Your landlord must return your deposit or give you the written information before they can give you a valid section 21 noticee_.

Yup. I have also heard they are usually entitled and believe normal rules and laws don’t apply to them.

i am NOT including op in this as at least she has adhd and mental health struggles and has gone through stressful times, but I have heard some would just not pay rent or refuse to play by shared house rules ‘because they can’. Or work the 8 week requirement like a clock.

it is ageism, it is illegal but these attitudes displayed by those advising OP here just don’t help. Funnily younger people apparently accept that paying their rent is part of life or they stay at home with mummy! Make that what you will!

I don’t mention court processes? Don’t know where you got that from.
I gave factual points on the landlord’s responsibilities towards a tenant. If a landlord has failed in any of these they cannot evict a tenant. One example was a LL whose gas safety certificate was out of date. Their application to the Court to evict a tenant was thrown out. This knowledge may help the OP.
Everyone knows court action is the last resort due to cost and stress it causes.
Negotiation with the LL might hopefully get the OP what she wants.

If the LL doesn't have a HMO licence, or gas certificate or hasn't put your deposit in a deposit - then she can't evict you. Id look for somewhere else to look sharpish and move out.

I doubt you'll get your deposit back if its not in the deposit scheme

So running a business isn't a job in your eyes then? Why do so many people have such an issue with this particular business? Seems people begrudge LL's an income from their own business. Such an odd view.

She cannot "airbnb" the living room for more than 90 days in London. Report her to the council on this.

Given it was a 6 month tenancy , can't the landlord just give notice that it won't be renewed with one month notice to a day before rent day? If so, I think that may well happen.

Shelter can give you advice and I suggest you do this as a matter of some urgency, but you cannot withhold rent as after 8 weeks this is grounds for eviction.

I think you can withhold proportionately (edit - if the room is part of your agreement) but this not what you have done here

NB Contacting your reference /guarantor is appropriate if you have not been paying.

You should have been informed if your deposit is in a scheme- if not then eviction is more difficult for her- so check it out asap. if you have ADHD you may have had notification and lost/ forgotten it. Don't assume! Its important as you can be compensated significant sums if they have not done this AND it make eviction more difficult.

But everything else is a moot point if you don't pay at least some of your rent, and on time. I suggest in future you set up some kind of regular payment so you don't have to be 'reminded'.

if you want to stay then talk to her and work out a payment plan based on a reduced rent. but shelter will give you the gold standard advice.Shelter - The housing and homelessness charity