Legal advise with witholding rent

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    Legal advise with witholding rent

    Hi all new to this forum and looks very well layed out,
    Hope some one can help me on this,
    I have an issue with regards to maintainace to the house that i live in, I have been here about 5 1/2 years and always without fail paid the rent on time,
    Heres the problem, In last years Julys storms the roof took a battering and now leaks and the chimney is in a poor state and the flat roof has water stains in the ceiling,
    Now after contacting the letting agency - Landloads Business, in Aug last year, and months of chasing at the start of June this year they started doing the work only to have them here a couple of days and the job incompleat and looking a right mess , Now i'm getting it in the neck from my joint next door as there were working on there side of the roof and have damaged the tiles and made a mess of the chimney,
    At the start of this month i contacted the agency to find out what was going on to be told that the landload is dealing with this and it is out of there hands, But still no contact, I can't get the agency to reply to me and have not seen the builders in 5-6weeks, The roof is still leaking and the stained roof is smelling of rot, Can i decleare that the house is in a state of disrepair and with hold the rent legaly to see if this kicks them up the a**
    Sorry for long post but please someone help!

    #2
    Originally posted by vauxhallman1982 View Post
    Hi all new to this forum and looks very well layed out,
    Hope some one can help me on this,
    I have an issue with regards to maintainace to the house that i live in, I have been here about 5 1/2 years and always without fail paid the rent on time,
    Heres the problem, In last years Julys storms the roof took a battering and now leaks and the chimney is in a poor state and the flat roof has water stains in the ceiling,
    Now after contacting the letting agency - Landloads Business, in Aug last year, and months of chasing at the start of June this year they started doing the work only to have them here a couple of days and the job incompleat and looking a right mess , Now i'm getting it in the neck from my joint next door as there were working on there side of the roof and have damaged the tiles and made a mess of the chimney,
    At the start of this month i contacted the agency to find out what was going on to be told that the landload is dealing with this and it is out of there hands, But still no contact, I can't get the agency to reply to me and have not seen the builders in 5-6weeks, The roof is still leaking and the stained roof is smelling of rot, Can i decleare that the house is in a state of disrepair and with hold the rent legaly to see if this kicks them up the a**
    Sorry for long post but please someone help!

    You should think very carefully before witholding rent, first of all I can't understand why you're getting involved with matters concerning your next foor neighbours?. As for your issues, you really need to put it into writing to the landlord, giving him/her adequate time to deal with the repairs, if nothing is done you can then take the option of contacting Environmental Health who can enforce repairs.

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      #3
      Reason with regards to the next door is the builders that started the work employed via my Landlord are damaging there side of the building (this is a semi with joint chimney) even though there is no joining damage bnetween the building before the work as they have had there repairs done 11 months ago and these builders are destroying it, They've smashed tiles on there side with dropping bricks etc, My next door nab firstly contacted me and i passed the details outlined to the agent then he contacted the agent after a month of no comunications from either the agent or the landlord, With still no responce

      Over a year verbal and 10 months written i class as adequate time i think we all need to agree to that,

      Now i have read else were that i can get my own builders in as this is past adequate time and get the work done correctly, (p.s. i'm in trade so know a few and know how this work should be done) and bill the landlord via rent reduction/removal until debt is paid,
      Can i refuse the builders that have come to do the work on to the building as they have very poor H&S and poor workmanship,

      Comment


        #4
        A case (Lee-Parker v Izzet (1971) 1 WLR 1688) has established that, to use rent to pay for repairs, or to offset the cost of repairs against arrears, the tenant must carefully follow (in order) the steps below:-

        Give the landlord notice of the disrepair and a reasonable time to remedy it; then

        Inform the landlord (preferably in writing) that s/he will do the repair her/himself unless the landlord complies with her/his obligations;

        then allow a further reasonable period for the landlord to do the work; then
        obtain three estimates for the cost of the work from reputable builders;

        then 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; then, 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;

        Then 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.
        Always double check advice... not just mine!

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