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.

Bullshit, you set up a direct debit.

I'm complex SEN disabled and literally cannot remember dates/routines, everything is on direct debit and my rent has never once been late in 16 years.

Sorry I was grouping the responses for which I apologise!

yes, I challenge anyone who groups me or my response/ position wrongly irl as it is relevant, so I am sorry. 😊

I say ‘for convenience or otherwise’ lol lol

it is a fast moving thread with many voices, although well meaning and some legally right, are not really what op can handle right now!

I wouldn't be happy about losing communal space.

However, that's a separate issue to you not paying rent and now withholding rent. I would evict you.

OP said all bills are included in the rent .

I see posts that make me feel sorry for tenants.
I see posts that make me feel sorry for landlords.

Guess which category this OP falls into?

I haven't seen all the posts saying this, but it is possible to return an unprotected deposit and then serve a S21. The two are not inextricably linked.

Hang on OP, your posts contradict each other, in one you signed the tenancy in March, in the first post in May. That makes a difference re end of contract.

No. Not until she pays back the deposit in full and please don't tell her this but not until she provides you with the correct prescribed information and deposit scheme protection certificate. She may send you the cettificate but that will prove it wasnt done in time and make her legally responsible for a minimum of 3 x your deposit plus your deposit back. Her section21 will still fail even if she does all of that unless she also provides the prescribed information. Know your rights and make sure you are prepard for court. Its easy enough my LL had a solicitor and a barrister, i had little old me with no training but a hyperfocus on the legislation over a two week period and i walked away £11,000 better off and able to stay in my home.

I don’t know about being entitled, but if I was in a house share now, I would be the annoying house mate. Complaining about noise if others have friends over, bitching about washing up being left undone, reminding people when it’s their turn to buy loo roll, and ensuring people stick to the cleaning rota I will have undoubtedly set up.

Which is why I don’t live in a house share. Because I’m at a different stage in my life, and I recognise that they are more conducive to younger people who have a different social culture to me.

This is not great advice. Withholding rent even for obvious stuff like repairs is not advised and if you do it, there are strict rules e.g. notify landlord in advance, keep rent in a separate bank account and don't touch it.

In this case, the contractual issue seems unclear at best.

If council tax is being paid as a 3 bedroom and it's now technically 4 she's breaking the law and you could report her. I had a dogey landlord in Clapham who made us write that it was a 4 bed on the council tax form but actually we had 5 people living there.
£1200 is extortionate for a room even in London, I'd say £700 is more usual so maybe you could look on spareroom and see if there's anything else? Once relationships Sour it's hard to get them back on track, especially if you're suffering from depression.
Ps:don't withhold rent, it makes you're situation legally worse. Annoying as it is. What do the others in your house think of this new arrangement. If you all complain together it might be easier.

Yes indeed, but until such time as that happens the notice isn’t valid and can be challenged. I think the OP needs to check if the deposit is protected as it seems likely that a S21 will be on its way. Although the LL could serve a S8 and use persistent late payment grounds as well/instead.

OP, I think the above is great advice. You really do need to see if the deposit is protected or not. If it’s not with the compensation you may receive this could be your way out to a better flatshare.

And yes pay your rent in the meantime.

But you would have no grounds for eviction and any eviction notice served at this present time would be invalid given the circumstances detailed by the op

Council tax is assessed not on how many bedrooms it has, but on how much the property was worth in 1991.

But she's right though isn't she. She needs to pay her expenses too. And you being late with your rent and now withholding it are having a knock on effect on her bills I imagine. So if you had paid on time there wouldn't be this issue. Instead of paying on time and trying to alleviate the problem you've made it worse by withholding so she has no choice now to generate that income from elsewhere I.e. Air bnb. You sound like a nightmare OP. Not doing what your supposed to then blaming her for trying to make up the shortfall somehow.

Excuse after excuse here.

Late 40s? Should have your shit together by now.
Forgetting to pay rent? That’s what standing orders are for.
LL contacted employer? Not ideal, but they’re running a business not a charity and have their own bills to pay.
LL has rented out a spare room? Their right as LL in an HMO.
You’ve stopped paying rent? You’re likely to get evicted, and should have at least googled your way through your predicament.
Mum died? The only reasonable excuse here for why you may be out of sync with life and I’m sorry for your loss. However, people can and do carry on with their ordinary working lives through times of loss.

With the greatest respect @littledragon99 - for a woman in her late 40s you need to grow the fuck up.

You have to be reminded to pay your rent - because you have ADHD? No, you don't have to be reminded, you have to take responsibility and set up reminders to yourself on your phone, or better still, set up a standing order so that your rent is paid IN FULL AND ON TIME. How have you reached this age and not developed strategies to work with it?

You are not a good tenant. Your first month's rent was late, your second month's rent wasn't paid until it was over a month late because it was paid with your third month's rent which was also late. You admit that you have paid your rent late "every single month if i'm honest". Geez!

"She said since "I have never paid my rent on time" she needs the guarenteed airbnb income from airbnb'ing out the lounge, but this is just making my anxiety levels through the roof"
Well we know she's right, you have never paid your rent on time. You said so yourself. And the lounge was never part of your tenancy agreement, you rent your room only. And, you don't even use the lounge - you stated "when i'm at home i just collapse, i barely leave my room tbhi". The lounge is a total red herring, you're just scrabbling around for a way to not suffer the consequences of your actions.

Remember your OP? Justifying your withholding / deliberately not paying your rent? Let's look at it again.
"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."
You were NOT paying for the communal space. Your landlady kindly allowed the room to be used as communal space, but you rent only your room. You have ZERO justification to not pay your rent.

Stop claiming that anxiety / depression / ADHD make you pay your rent late. Accept that you are making your landlady's anxiety levels go through the roof. Just stop trying to weasel your way out of the shit you have caused yourself. Adult up.

Are you a county court judge? Pretty much, more or less, what they will say to op hence I am not advising on a stand off with L L.

I'm very sorry about your mom's death and your mental health struggles. However, making this housing secure (by paying on time) should be your top priority. If you need to look for something better, do that. Set automatic reminders for yourself to pay the rent.

Off topic but I have to say - isn’t it horrendous that people are paying £1200 for rent in SHARED house?!!

I paid that in London back in 2021 for a one bed flat and I thought that was bad enough. Most I’ve ever paid for a shared room was £900 and I only agreed to that as it was short term, and a very nice place with a large bedroom and en-suite.

What zone do you live in? If it’s not zone 1, 1200 for one room is just such a rip off compared to average Uk or even London salaries

I saw a picture of a block of ex council houses, half of them had Airbnb key safes on them. I don’t think this is what tax payers thought they were funding when they built council houses. It’s time to end right to buy in sought after areas and to limit airbnbs.

@MargotMoon yes, always good advice to check whatever can be checked.

It sounds from OP's other posts like she didn't receive other information required for a s21 so I do wonder if the landlady will be able to evict her as easily as perhaps she thinks.

OP are you aware that if you withhold rent you could make yourself homeless.

As in, literally sleeping on the streets.

Do you know how serious this actually is because it's not coming through in your posts.

Im sorry but is your point here that you have sen and so because you can do it the op is just using her condition to make excuses? Hmmm. A bit like, i have a stress fracture of my ankle and i can still walk so you’re just using your compound fracture of the ankle as an excuse not to walk. They’re both broken bones after all. What a dilly argument to have made.

I'm not sure that the OP hasn't missed the info given what she's said about her mental state. She needs to do a deep search in her emails.