I privately rent a house, i informed my landlord on the 26th of october 06 that i had damp everywhere becus of the rain we have had, he said he would sort this, ive been sending rent every month but havnt seen anything of him, i then receieved a letter yday asking me to forward this months rent as it is overdue but i feel that i shouldnt pay up again until he comes and sorts it out, what do u think?
2007-01-23 08:39:49 · 21 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Listen i am a landlord,its the landlords responsibilities to keep up with the maintenance of the house.Its the tenant's responsibility to pay. THEREFORE ,when the landlord doesn't do what is required by law. Then you as a tenant need to put your foot down,Take your rent money and put it in a escrow account.keep it there until all repairs,on behalf of the landlord is done..Notify the landlord and tell he/she your aware of your tenant rights...Enough Said..
2007-01-23 08:54:49 · answer #1 · answered by BOBBIE 3 · 1⤊ 0⤋
Officially you have no right to withhold rent, however for your landlord has to serve notice to you and he can only do that through the county court.
Until you receive this notice there isn't a great deal you can do, however when you do, you have to take yourself up to the court and apply for a suspension order (this will cost £35). you will then be given a court date.
Attend this meeting and explain that you have with-held your rent due to the fact that the landlord hasn't taken care of his property,and this was agreed in your tenancy agreement. Explain to the judge that you will be happy to pay your rent when the problem is sorted. If you have suffered any illnesses as a result of the damp (the judge won't know if you haven't!!!!) explain this, an that you have contemplated moving as a result, add that you would have needed the rent money as a deposit for a new place if nothing gets done.
Take photos of any mould that may have developed and records of contact you have had with your landlord regarding that matter.
Any further problems-contact SHELTER they are really helpful
2007-01-23 16:54:12 · answer #2 · answered by kelly f 4 · 0⤊ 1⤋
You cannot simply withhold your rent - you will be evicted and it would be completely legal. What you may be able to do is set up a legal escrow that you will put you rent into until he deals with the issues. You should contact the local Housing Authority or similar organization. This could also be considered a breach of contract on his part for not maintaining a suitable living space and you could get out of your lease. Let him know that you are planning on contacting the Housing Authority and he will jump on it. Be sure to also send him a certified letter stating the issue so that you have a record of informing him of the problem.
2007-01-23 16:44:47 · answer #3 · answered by Phoenix, Wise Guru 7 · 1⤊ 0⤋
You owe the rent regardless. After all, you wouldn't stop paying your car payment because you had a flat tire, would you? Pay the rent or you can be evicted. Then send your landlord a certified letter stating that you want the repairs made, otherwise you will be forced to see to the repairs yourself and deduct the cost from upcoming rent checks. This might not be legal to actually do, but you will most certainly succeed in getting his attention.
2007-01-23 16:45:20 · answer #4 · answered by Emm 6 · 1⤊ 0⤋
You should document that the house is damp and it is causing an unsafe condition and that is the reason you are withholding your rent. Be sure to write a letter to the landlord and not just make a phone call. If the dampness is not causing the house to be unsafe then you must pay your rent.
2007-01-23 17:08:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
you can only get evicted for certain things - not paying your rent is one of them. i suggest you keep paying your rent and make sure you keep bugging him about the problem with the dampness. If it doesn't get solved, I would either move or get an attourney to write a letter of your concern, or send a registered letter with your concern, so that if you ever go to court you are the one that looks like you got all your ducks in a row, including having rent paid in full.
I lived in Seattle and didn't have hot water for 7 months. I had to wait till I got a new manager until I got my hot water fixed. Believe me, things could be worse. But ALWAYS pay your rent, or you got no case.
2007-01-23 16:45:46 · answer #6 · answered by Anonymous · 1⤊ 0⤋
It is his responsibility as a land lord to fix the issue that you are having. You could hire some one and get it fixed yourself and then tell your landlord he can deduct that from your rent.
Also, check your rental agreement...your landlord has a responsibility to take care of the property in things that you have no control over. You can turn him in if he does not comply.
If he does evict for this, take the situation to court. Im positive you will win.
2007-01-23 16:48:59 · answer #7 · answered by Casey B 4 · 0⤊ 0⤋
is there mold anywhere? he should fix the problem now. dampness will lead to mold and once mold spores start multiplying through your home he will have to hire professionals to get the mold out. it will be a safety hazzard and a huge waste of money if your landlord does not fix the problem now. tell him this, if he won't fix it within a week, use your rent money to get it repaired and send him the recipt with the rest of the rent. in canada the landlord has to fix it. if they don't the tenent fixes it and the cost comes off the rent. its law
2007-01-23 16:45:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Legally you cannot withold rent. Best to pay and try and claim later for any problems that havent been sorted.
Had a similar problem with landlord not fixing hot water for ages and was advised by solicitor to pay rent and claim later.
2007-01-23 16:43:35 · answer #9 · answered by R Stoofaloh 4 · 0⤊ 0⤋
I know that I wouldn't pay, dampness can end up with mold, and make you very sick, your landlord only has a period of time before having to fix it, I know that if you went to court for it, the judge would be on your side, I would write a certified letter to him and tell him your situation though so you have record of it. Good luck to you
2007-01-23 16:44:43 · answer #10 · answered by sheila f 1 · 1⤊ 0⤋