I am currently in a rented property and recently the hotwater has been playing up for nearly a month. Our house is managed by an estate agent so they have to fix it. However we pay our rent straight to the landlord, although the estate agents holds 1and a half months rent as deposit. We are considering witholding a months rent. Are we allowed to do this? and would they be allowed to take it out of the deposit?
2007-02-18 20:50:12 · 8 answers · asked by bosswell2 1 in Politics & Government ➔ Law & Ethics
You'd have a better chance of first a) sending a certified letter demanding they fix the hot water and then b) if not fixed, fixing it yourself and then subtracting the cost of fixing it from your rent with a receipt. you just can't keep a months rent though..
2007-02-18 20:59:46 · answer #1 · answered by Sydney 4 · 0⤊ 0⤋
You should really get advice from the Citizen's Advice Bureau before doing anything like this.
Although all tenants have the right to withold rent if certain repairs are not carried out in time, there are quite strict procedures regarding this. Have a look at your lease; see if it says anything about this.
From my experience, though, if you are planning to withold rent you MUST write to your landlord/estate agent and inform them that you are doing so, and also explain why. If you just stop paying your rent, they can take legal action against you for rent arrears. You must also be able to prove that you are setting aside the money - ie, keeping it in a bank account - as it doesn't count if you just don't pay the rent and then spend all your money on something else.
However you are on quite tricky legal ground here - if I were you I'd contact your estate agents and explain to them that you are planning to withold your rent if the rpairs are not carried out within the next seven days, this itself may be enough to get them moving.
2007-02-19 00:33:23 · answer #2 · answered by gotaquestion123 2 · 0⤊ 0⤋
No - but there is another way - write to Landlord (keep copy of your letter) reporting the defect which you require to be repaired within the next 7 days. If at the end of that period no repairs are made - you then notify Landlord (again in writing and again keep copy) saying you will instruct your own contractor to carry out repairs and deduct cost from future rent - this in accordance with previous case precedent - Lee-Parker -v- Izzett 3 ALL E.R. 1099 [1971].
2007-02-18 21:19:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your parents should, if they are in the UK, take their concerns to the Citizens Advice people who will be able to help and advise them of their rights. If their tenants are not paying their rent monies, that is, as far as I know, grounds enough to evict and yes it would constitute a breach of contract. Your parents do need a third party in on this one - tell your mum not to personally go to the property at this point!! That will achieve nothing. Incidentally it's not true that tenants have more rights than landlords - by a long way! As a tenant, I know!! Any communication between both parties should be written down by the way. In case of misunderstanding. But do get them to the CAB. Soonest.
2016-05-24 06:53:35 · answer #4 · answered by Mary 4 · 0⤊ 0⤋
Where I live, first you needed to send a certified letter to the landlord/ property manager (I would send it to both), and if no action is taken you can contact housing department and put your rent into an escrow account with the courts. They will hold the rent until the issue is resolved, and you cannot be evicted.
2007-02-18 21:21:42 · answer #5 · answered by Political Enigma 6 · 0⤊ 0⤋
As of April they won't be able to take it out of your deposit as the government are setting up a scheme whereby the deposit is held in a bond by a third party hopefully making it harder for landlords to take advantage of your cash when you decide to leave. See http://www.depositprotection.com/Unrestricted/Default.aspx?bhjs=1&fla=1 for more details. As for with holding rent, maybe the citizens advice bureau can help.
2007-02-18 21:01:23 · answer #6 · answered by Chrissy 2 · 0⤊ 0⤋
May I request that you contact a real estate attorney's office on this. Please ask them to send to you a copy of landlord/tenant laws for your state. I take it you have already let the people who need to know, know about the hotwater problem. Did you notify them verbally, or in writing? Please, write a maintenance request regarding the hot water (tank?) problem, date it, sign it, photocopy it (the copy for your records), and send it to the appropriate people-the estate agent and the landlord. Please ask this real estate lawyer your questions. They know the laws in your area, and know the best solution. I wish you the best. Take care.
2007-02-18 21:00:32 · answer #7 · answered by SAK 6 · 0⤊ 0⤋
YES PLUS INCURED INTREST ie Rental Agreement AKA contract take them ti small claims court as long as you have a maint clause sometime the renter pays reoair &maint.
2007-02-18 20:58:47 · answer #8 · answered by havenjohnny 6 · 0⤊ 0⤋