Withholding rent (Tenants)

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**gutlessrhyme**
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2010/02/22 09:08:48 (permalink)

Withholding rent (Tenants)

Just after a bit of advice;


Our washing machine packed up a couple of weeks after christmas. (The washing machine comes as part of the house we rent). After a few days we rung the letting agent who sent someone out to look at it a couple of days later. The man that came out said he will recommend they get us a new one, (and also a new fridge as that is faulty too).


Since then we have been fed excuse after excuse and we still have no washing machine - meaning we have to travel 20 miles to either of our parent's houses any time we want to do a wash. The letting agent are basically saying they cant do anything because it's in the landlords hands, and even told us a couple of weeks ago he was "looking in Which magazine to find the best washing machine". The letting agent then rang us last wednesday and asked "how big is the space for the washing machine?"


So it's now been about 6 weeks with no washing machine and still nothing in sight. I've given up pestering the letting agent now as it's getting me nowhere.


My question is, do I have any sort of right to withhold the rent or take a deduction off it for the inconvenience of them taking so bloody long to replace the washing machine. (Also, i asked at the beginning if i could just go and buy one from currys and claim the money back. they said no)


Anyone been in this position before?
#1

42 Replies Related Threads

    wiseacre
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    RE: Withholding rent (Tenants) 2010/02/22 09:37:50 (permalink)
    i *think* (not sure so please check), that if you landlord/agent has not done repairs etc with either 6 weeks or 2 months (can't remember which) the law allows you to repair/reolace it yourself and withhold rent until the full value has been reimbursed. obviously, if contested the it won't look good if you have top of the range stuff.
     
    call citizens advice though


    #2
    zeal
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    RE: Withholding rent (Tenants) 2010/02/22 09:40:30 (permalink)
    Not been in that position but i would tell him he gets no rent untill it is sorted
     
    he wouldnt want you buying ur own one so he need to fix the fuck up really
     
    Think id be going mental
     
    Yeah CAB like Wiseacre said too see what you can do, cos thats bullshit man
     
    I have to take some of my washing to my nans shes only 5mins away and that pisses me off sometimes, let alone 20odd miles
    #3
    Domino
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    RE: Withholding rent (Tenants) 2010/02/22 09:43:48 (permalink)
    Well they are obliged to provide the washing machine as a basic living standard. Should be in the contract you signed.
     
    You should keep a record of the attempts you have made to have it fixed.


    #4
    diffrent
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    RE: Withholding rent (Tenants) 2010/02/22 11:03:15 (permalink)

    ORIGINAL: Domino

    Well they are obliged to provide the washing machine as a basic living standard. Should be in the contract you signed.

    You should keep a record of the attempts you have made to have it fixed.


    i always thought basic living standard meant water and heating?? As suggested i'd call the CAB, sounds like u have a decent case...

    in my experience, we've withheld rent on two seperate occasions... one for water and the second time for heating. On both occasions we have been kicked shortly after.

    #5
    DJ_PrOpS
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    RE: Withholding rent (Tenants) 2010/02/22 11:06:02 (permalink)
    Have you read your contract? Does it mention anything about the landlord having a duty to maintain the house and equipment to a reasonable/working standard? It should do.
    #6
    2ndPhase
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    RE: Withholding rent (Tenants) 2010/02/22 11:11:30 (permalink)
    Def. with-hold the rent they are taking the piss.

    I rent a flat to a couple of tenants, a couple of months back their washing machine packed up and I had a engineer out and then a replacement sorted within 10 days.

    There's really no excuse, if the tenant keeps their part of the bargin and pays the rent on time and keeps the flat nice then the landlord has to do his best to keep the premises in order.
    #7
    **gutlessrhyme**
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    RE: Withholding rent (Tenants) 2010/02/22 11:12:13 (permalink)
    ORIGINAL: DJ_PrOpS

    Have you read your contract? Does it mention anything about the landlord having a duty to maintain the house and equipment to a reasonable/working standard? It should do.


    Yes it does.
    #8
    Uncle Dugs
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    RE: Withholding rent (Tenants) 2010/02/22 11:21:13 (permalink)


    i did it myself mate not so long back, took me 3 months of moaning but when i told them i was holding the rent money back and actually did it they couldnt get it sorted quick enough..

    i didnt know where i stood legally i just flipped out 1 day and told them to fuck off until they came to fix the problem i had with my cooker at the time (the cooker belongs to the landlord not me)..


    im just going through the same with them now over a fuckin leak i have in my bedroom, its like they never learn.. wankers..
    post edited by Uncle Dugs - 2010/02/22 11:24:31
    #9
    StraightFlush
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    RE: Withholding rent (Tenants) 2010/02/22 11:22:31 (permalink)

    ORIGINAL: diffrent

    ORIGINAL: Domino

    Well they are obliged to provide the washing machine as a basic living standard. Should be in the contract you signed.

    You should keep a record of the attempts you have made to have it fixed.


    i always thought basic living standard meant water and heating?? As suggested i'd call the CAB, sounds like u have a decent case...

    in my experience, we've withheld rent on two seperate occasions... one for water and the second time for heating. On both occasions we have been kicked shortly after.


    How long were you without water/heating?
    #10
    jnrblue
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    RE: Withholding rent (Tenants) 2010/02/22 11:30:13 (permalink)
    cunts

    ORIGINAL: highmaintenance
    that was odd, il give you that


    www.myspace.com/jnrblue
    www.soundcloud.com/jnrblue
    #11
    diffrent
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    RE: Withholding rent (Tenants) 2010/02/22 11:32:51 (permalink)

    ORIGINAL: StraightFlush

    ORIGINAL: diffrent

    ORIGINAL: Domino

    Well they are obliged to provide the washing machine as a basic living standard. Should be in the contract you signed.

    You should keep a record of the attempts you have made to have it fixed.


    i always thought basic living standard meant water and heating?? As suggested i'd call the CAB, sounds like u have a decent case...

    in my experience, we've withheld rent on two seperate occasions... one for water and the second time for heating. On both occasions we have been kicked shortly after.


    How long were you without water/heating?

    water - well started off with a huge leak from a pipe connected to the toilet, which then flooded the kitchen and the main fuse box. They shut off the water and we ended up having to stay in b&b for almost 4 weeks.

    Heating - was a faulty boiler, right at the start of october... we complained and held rent untill being kicked out on the 1st of feb.

    Both times our deposits were also held, and we were told we should be happy as at least we had a roof over our head...

    #12
    Domino
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    RE: Withholding rent (Tenants) 2010/02/22 11:35:06 (permalink)
    Yeah, you are probably right as it was the boiler that packed in for me which is heating...
     
    Still, in the contracts though, they are obliged to come and fix things that break down!!


    #13
    wiseacre
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    RE: Withholding rent (Tenants) 2010/02/22 11:38:34 (permalink)


    ORIGINAL: diffrent

    ORIGINAL: StraightFlush

    ORIGINAL: diffrent

    ORIGINAL: Domino

    Well they are obliged to provide the washing machine as a basic living standard. Should be in the contract you signed.

    You should keep a record of the attempts you have made to have it fixed.


    i always thought basic living standard meant water and heating?? As suggested i'd call the CAB, sounds like u have a decent case...

    in my experience, we've withheld rent on two seperate occasions... one for water and the second time for heating. On both occasions we have been kicked shortly after.


    How long were you without water/heating?

    water - well started off with a huge leak from a pipe connected to the toilet, which then flooded the kitchen and the main fuse box. They shut off the water and we ended up having to stay in b&b for almost 4 weeks.

    Heating - was a faulty boiler, right at the start of october... we complained and held rent untill being kicked out on the 1st of feb.

    Both times our deposits were also held, and we were told we should be happy as at least we had a roof over our head...

     
    rather than straight withholding rent you should've got the boiler replaced with your rent money; that way it can't be presented as you just fucking off paying them, more you claiming back for work you had carried out.
     
    it's always best to make these things official & have it in writing if possible, record any phone calls, etc
    #14
    StraightFlush
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    RE: Withholding rent (Tenants) 2010/02/22 12:37:30 (permalink)

    ORIGINAL: diffrent

    ORIGINAL: StraightFlush



    How long were you without water/heating?

    water - well started off with a huge leak from a pipe connected to the toilet, which then flooded the kitchen and the main fuse box. They shut off the water and we ended up having to stay in b&b for almost 4 weeks.

    Heating - was a faulty boiler, right at the start of october... we complained and held rent untill being kicked out on the 1st of feb.

    Both times our deposits were also held, and we were told we should be happy as at least we had a roof over our head...


    Fair play, that's a complete pisstake with the water. Was the boiler an intermittent problem that went unfixed, or was it completely on the blink for months?
    #15
    Warrior
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    RE: Withholding rent (Tenants) 2010/02/22 12:43:40 (permalink)
    Just withholding the rent is stupid since it will just lead to possible eviction. Like someone else said find out exactly where you stand legally and go about things properly.
    #16
    diffrent
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    RE: Withholding rent (Tenants) 2010/02/22 12:55:26 (permalink)

    ORIGINAL: StraightFlush

    ORIGINAL: diffrent

    ORIGINAL: StraightFlush



    How long were you without water/heating?

    water - well started off with a huge leak from a pipe connected to the toilet, which then flooded the kitchen and the main fuse box. They shut off the water and we ended up having to stay in b&b for almost 4 weeks.

    Heating - was a faulty boiler, right at the start of october... we complained and held rent untill being kicked out on the 1st of feb.

    Both times our deposits were also held, and we were told we should be happy as at least we had a roof over our head...


    Fair play, that's a complete pisstake with the water. Was the boiler an intermittent problem that went unfixed, or was it completely on the blink for months?


    just woke up one morning and the boiler wasnt firing, was pretty so we thought it would be in their interest to replace it anyway... bare in mind it was an old stone house with wonky windows, draft massive inside the ride!

    @ warrior, it's not stupid in the slightest. When renting you are entitled to the basics of warmth and water, if either of these two are taken away from you, you are well entitled to withhold monies...

    #17
    Warrior
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    RE: Withholding rent (Tenants) 2010/02/22 13:16:02 (permalink)
    ORIGINAL: diffrent

    @ warrior, it's not stupid in the slightest. When renting you are entitled to the basics of warmth and water, if either of these two are taken away from you, you are well entitled to withhold monies...


    Yeah but there is a proper process to follow involving shit loads of letters, getting quotes for the work, getting the work done etc. Simply withholding the rent will just put you in breach of contract regardless of it you are in the right or not.
    #18
    Joelus
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    RE: Withholding rent (Tenants) 2010/02/22 13:21:59 (permalink)


    ORIGINAL: Warrior

    ORIGINAL: diffrent

    @ warrior, it's not stupid in the slightest. When renting you are entitled to the basics of warmth and water, if either of these two are taken away from you, you are well entitled to withhold monies...


    Yeah but there is a proper process to follow involving shit loads of letters, getting quotes for the work, getting the work done etc. Simply withholding the rent will just put you in breach of contract regardless of it you are in the right or not.

     
    Yeah maybe but remember that if a landlord can't be arsed to fix a washing machine will they be arsed to get into some sort of legal battle about it when everyone gets the old dears down in his face getting grimey and all that?!

    #19
    wiseacre
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    RE: Withholding rent (Tenants) 2010/02/22 13:23:29 (permalink)
    i call my mummy when my landlord's been nasty to me
    #20
    moonwalker
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    RE: Withholding rent (Tenants) 2010/02/22 13:48:02 (permalink)
    had the same thing but mine was with damp in my room,i stopped paying rent,sent them a written letter claiming compensation,got £250 off the cunts and a redecorated room,my advice is to get ur contract to somebody with legal experience(my bro is a solicitor so that helped) and just tell them your gona not pay rent until they resolve the problem
    #21
    MykMallett
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    RE: Withholding rent (Tenants) 2010/02/22 13:56:05 (permalink)
    Don't withhold the rent. That's grounds to get kicked out. And from a legal point of view they can sue you for whatever you withhold.

    You need to put everything in writing, otherwise its your word that you've even brouight his issue up. If it's in the contract then you are legally allowed after a period of time to get the repairs done yourself and take it out of the rent.

    Type up some shit saying that's what you'll do and I reckon they'll get it done.
    post edited by MykMallett - 2010/02/22 13:57:54
    #22
    Domino
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    RE: Withholding rent (Tenants) 2010/02/22 14:04:26 (permalink)


    ORIGINAL: Warrior

    ORIGINAL: diffrent

    @ warrior, it's not stupid in the slightest. When renting you are entitled to the basics of warmth and water, if either of these two are taken away from you, you are well entitled to withhold monies...


    Yeah but there is a proper process to follow involving shit loads of letters, getting quotes for the work, getting the work done etc. Simply withholding the rent will just put you in breach of contract regardless of it you are in the right or not.

     
    But the Landlord would have breached the contract that says that they are supplying certain facilities, no? So I am sure you could argue that you are not going to pay for something you are not getting and have tried to resolve it?
     
    Best practice is def to go to the CAB tho..
    #23
    MykMallett
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    RE: Withholding rent (Tenants) 2010/02/22 14:08:24 (permalink)
    ORIGINAL: Domino

    ORIGINAL: Warrior

    ORIGINAL: diffrent

    @ warrior, it's not stupid in the slightest. When renting you are entitled to the basics of warmth and water, if either of these two are taken away from you, you are well entitled to withhold monies...


    Yeah but there is a proper process to follow involving shit loads of letters, getting quotes for the work, getting the work done etc. Simply withholding the rent will just put you in breach of contract regardless of it you are in the right or not.


    But the Landlord would have breached the contract that says that they are supplying certain facilities, no? So I am sure you could argue that you are not going to pay for something you are not getting and have tried to resolve it?

    Best practice is def to go to the CAB tho..



    Yeah but the law is heavily in favour of landlords. So legally you have to give the landlord a decent length of time to get that sorted - which i don't know how long that is. But CAB will definitely tell you to keep paying rent and write letters. It's fucking tedious, but it's just how it is.

    If you havent documented your correspondence then you have no leg to stand on. If you havent already put it in writing, do it now

    Fucking landlords. Wankers.
    #24
    **gutlessrhyme**
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    RE: Withholding rent (Tenants) 2010/02/22 14:31:53 (permalink)
    Will draft up a letter now. Sod's law says i'll finish this letter and there'll be a washing machine waiting for me on my doorstep when i get home
    #25
    **gutlessrhyme**
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    RE: Withholding rent (Tenants) 2010/02/22 14:34:42 (permalink)
    lol just noticed this:


    You cannot withhold your rent and try to hold your landlord to ransom for the sake of a replacement washing-machine which the landlord has already agreed to replace.


    from here: http://forums.moneysavingexpert.com/showthread.html?t=2285163

    #26
    SubmergeRansom
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    RE: Withholding rent (Tenants) 2010/02/22 14:49:20 (permalink)


    ORIGINAL: **gutlessrhyme**

    lol just noticed this:


    You cannot withhold your rent and try to hold your landlord to ransom for the sake of a replacement washing-machine which the landlord has already agreed to replace.


    from here: http://forums.moneysavingexpert.com/showthread.html?t=2285163

     
    oh hai.
    #27
    jipones
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    RE: Withholding rent (Tenants) 2010/02/22 15:04:58 (permalink)
    fuck em and squat the building
    dirty dike-what you know about cribs?
    http://www.youtube.com/watch?v=zB8HqxTLFOs
    post edited by jipones - 2010/02/22 15:06:00


    #28
    diffrent
    • Total Posts : 130
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    RE: Withholding rent (Tenants) 2010/02/22 15:13:52 (permalink)

    ORIGINAL: MykMallett


    Yeah but the law is heavily in favour of landlords. So legally you have to give the landlord a decent length of time to get that sorted - which i don't know how long that is. But CAB will definitely tell you to keep paying rent and write letters. It's fucking tedious, but it's just how it is.

    If you havent documented your correspondence then you have no leg to stand on. If you havent already put it in writing, do it now

    Fucking landlords. Wankers.


    funny my cab advised me to with hold rent on the basis that the landlord was indeed breaking his contract and was in breach of human rights.

    He did however advise me this based on the agency i was with being renowned with cab with even emloyees from said agency constantly ringing them up...

    i do agree on them being wankers tho :)
    #29
    MykMallett
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    RE: Withholding rent (Tenants) 2010/02/22 15:25:12 (permalink)
    ORIGINAL: diffrent

    ORIGINAL: MykMallett


    Yeah but the law is heavily in favour of landlords. So legally you have to give the landlord a decent length of time to get that sorted - which i don't know how long that is. But CAB will definitely tell you to keep paying rent and write letters. It's fucking tedious, but it's just how it is.

    If you havent documented your correspondence then you have no leg to stand on. If you havent already put it in writing, do it now

    Fucking landlords. Wankers.


    funny my cab advised me to with hold rent on the basis that the landlord was indeed breaking his contract and was in breach of human rights.

    He did however advise me this based on the agency i was with being renowned with cab with even emloyees from said agency constantly ringing them up...

    i do agree on them being wankers tho :)


    They told you it was a breach of human rights? I take it it wasnt a washing machine you were being screwed out of.
    #30
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