
Mike from FindaProperty.com sent us a link to one of their Q&A articles, which discusses whether the tenant should withhold rent if the landlord has failed to fix the problems in the rental.
Mike asked Leaders, one of the largest lettings agents in the south of England for an expert opinion, and here’s what they suggested:
Withholding rent is risky and you can be evicted if rent arrears build up. There is a precise process for tenants to follow with this, which Citizens Advice explains as follows, but they warn that you should not attempt it without first talking to one of their housing advisors or a solicitor.
• Give the landlord notice of the disrepair and a reasonable time to remedy it
• Inform the landlord (preferably in writing) that s/he will do the repair her/himself unless the landlord complies with her/his obligations
• Allow a further reasonable period for the landlord to do the work
• Obtain three estimates for the cost of the work from reputable builders
• Write to the landlord again, enclosing copies of the estimates and reminding her/him of her/his obligation to do the work, giving a further reasonable period to carry it out. The letter should warn that, otherwise, the tenant will do the work her/himself and deduct the cost from rent
• If there is no response, arrange for the contractor who gave the lowest estimate to do the work, and obtain (and send to the landlord) receipts, with a request for payment
• If the landlord does not pay, the tenant may deduct the cost from the rent (but not other charges such as service charges), then send the landlord a breakdown of the amount and period of the rent to be withheld.
The tenant, they add, should avoid running into rent arrears before taking this action. If, however, the landlord takes court action for arrears and/or possession, the fact that the tenant has had to pay for repairs can be used as a counterclaim to the proceedings.
Read the full article HERE.