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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to withhold rent over rats

17 replies

LordVolAuVent · 26/05/2010 20:28

Sorry, bit long but don't want to be stealthy!

We've rented our flat for 3 years - good tenants (I think!), have paid on time every month, improved property (done garden up, repainted etc), don't complain as a rule.

September 2008 the boiler broke down, was repaired but landlord advised to replace it. He didn't and it broke down again Sept 2009. About the same time, we started hearing rats scuttling about between the floors (our bedroom is in basement). We have to go through agency who manage it, so complained about both things to them. Boiler was fixed but recommended for replacement again. Landlord refused to pay for pest control and would only allow council in. They can only come on Weds and cannot do any floorboard lifting or structural work so are quite useless, although nice!

Over the next 3 months, the boiler broke down several more times and we had weekly visits from council. 2 rats caught in traps placed under already loose floorboard but could still hear them. Landlord advised that rats chew and cause a lot of damage and, if left, would likely find a way into property. In Dec, boiler finally broke down completely and we had to move out for 4 days til it was replaced.

In new year, landlord finally agreed to let council put cameras down floor to see if they could find rat entrance and they found a couple of entrance holes under kitchen (this all took ages because letting agents maintenance company had to come and do structural work to enable council to do this). By last month, he had agreed to have holes filled. BUT, before that happened, a rat/s chewed its way up through kitchen floor and unit skirting board and got into property. We told letting agent but still nothing happened (we tried to DIY block hole) until one day I found DS's bib hanging out of change bag and chewed up. Phoned up and went mental, landlord finally agreed to do something and we had to move out again for nearly a week this month while they pulled out kitchen and gravelled under floor.

We wrote a (nice) letter saying we weren't going to pay May's rent due to having to move out twice in last 6 months for things that wouldn't have been such a problem had they been dealt with quickly, and putting up with unreliable heating and hot water for 3 months and rats for 7 months. We don't feel the property has been worth the full rent for this time. Had we not had a young baby, we would have moved out long before until problem was solved, meaning he would have been recieving no rent for that time, but it would have been so disruptive for DS and awkward that we grinned and bore it. We are quite disappointed with the way he's treated good tenants.

Anyway, now he's kicking off about us not paying, says he wants his money whatever problems we've had. Who is BU? Should we let it go to court (if he does) or just pay up?

OP posts:
RunawayWife · 26/05/2010 20:34

Personally I would let it go to court

flootshoot · 26/05/2010 20:37

Let it go to court, but get some legal advice as well. I believe it is legal to wothhold rent over disrepair issues, but you need to make sure you're covering your bases.

Is it a private landlord?

callmeDave · 26/05/2010 20:39

try asking for advice on www.landlordzone.co.uk/forums/forumdisplay.php?f=3

Hassled · 26/05/2010 20:41

Let it go to court. There's no way you should pay. But maybe speak to the CAB first - get some legal advice.

LordVolAuVent · 26/05/2010 20:42

private landlord, yes

Thanks callmeDave, will do that

OP posts:
flootshoot · 26/05/2010 20:43

If it's a private landlord you may have a department at your local council who can advise as well. In fact they may even take action if the rats are likely to affect neighbouring properties.

callmeDave · 26/05/2010 20:47

I think environmental health can take action against him based on an anonymous tipoff.

flootshoot · 26/05/2010 20:53

Also true.

I was thinking more in terms of a team that deal with private sector housing as they can advise private owners/tenants. Ours is called the 'private sector housing' team (imaginative!), but the OP's local may be called something else.

woopsidaisy · 26/05/2010 21:05

My DH ownes a management company and he says, you need to read your tenancy agreement. It will probably say that your landlord is responsible for the boiler as it is deemed an essential utility, but you will be responsible for the pest problem. If you feel that by not fixing the boiler he has broken the tenancy agreement, then you can give him a month notice and then move out. He might dispute this in the small claims court, so keep a record of when you asked for the boiler to be fixed and his responses.

Witholding rent is illegal and is never a viable option.

Well,thats what the Boss says,hope it is useful!

narmada · 26/05/2010 21:27

Poor you - what a crap situation, especially with a little one.

Don't withold rent - it's almost never legally a good idea. Puts you at risk of eviction and of still being liable for the unpaid rent should the eviction go ahead. The only exception is if you have a very secure tenancy (e.g., NOT an assured short hold or shorthold or informal agreement) and sometimes then you can have works done and deduct the cost of the repairs from rent.

Have a look at this SHelter website link - they are really good for housing advice:

england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_le ts

Hope it gets sorted soon.

narmada · 26/05/2010 21:29

Oh, that link didn't paste in properly. Try again:

england.shelter.org.uk/get_advice

there is a link on the left, "repairs and bad conditions".

IfAtFirstUDontSucceed · 26/05/2010 21:37

Flippin heck - we rent throgh a private landlord through a management company and our boiler packed in after only 3 months of us moving in.

We were without heating & hot water(in November) for about a week but huddled round an electric heater and the electric shower still worked.

The boiler was repared and the landlord waived that month's rent as a gesture of good will - we didnt even have to ask!

Sounds like a bit of a tight wad to me!

LordVolAuVent · 26/05/2010 22:00

Lucky you, ifatfirst..., we were really hoping our landlord would just suck it up, but apparently not!

Having looked at that website (thanks narmada) it seems that legally unfortunately we ABU, think we'll have to pay up then take him to court to claim it back. Pain in the arse, but think we'll have to - can't stand the thought of just giving him back the money, grr!

Thanks for your help everyone

OP posts:
narmada · 26/05/2010 22:05

LVAV Oh what a total pain in the pinny. Ggrrr, makes me so cross that tenants have so few rights in England. Wish I lived in Sweden or Denmark....

LordVolAuVent · 26/05/2010 22:17

It's v annoying, I agree. I was actually under the misapprehension that tenants did have more rights here, I thought (and have no idea why) that it was really hard to evict someone. Perhaps it's just that it takes a long time.

I really don't want to enter into a lengthy eviction battle with him (which we'd probably end up losing) over 1 month's rent but just want what's fair! Might double check with CAB before paying, just in case they agree we have a case (apparently in some circumstances withholding rent can be an option) so keep your fingers crossed!

OP posts:
narmada · 26/05/2010 22:37

Will keep fingers crossed. CAB is a good idea.
It is irritating that tenants get shafted so often. Rah, let's hope your landlord is one of the buy-to-letters hit by a massive rise in capital gains tax!

ladylush · 27/05/2010 10:41

Ugh rats No wonder you went mental. Your landlord is shite. Hope you do sting him for money - even if it means claiming via a small claims court.

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