Withhold rent- L has no Gas Cert./mortgagee consent?

[sr2010]

thanks emma
the inspection was carried out today, and while the engineer recommended that the boiler be replaced ( its over 20 yrs old) its running quite safely, which is all i wanted to know...( cert to be posted out)
cant see any reason to be in arrears now at all.. though i was fully intending to pay the money back to the council and have the landlord explain to them why he wasnt paid, but like i said, they have already told me that they will just go over my head and pay him anyway..so not a lot of point in arguing :/

[Emma1973]

If he does start getting it paid to him clear the arrears to under 8 weeks and ask the LA to have it paid back to you, thats all it takes!

Give Enviromental Health a call about the lack of a gas certificate, tenants do have safety right, and EH take it quite seriously!

[sr2010]

thanks both its really not the issue who the rent is paid to, its more the case of being a tenant with seemingly no rights where safety is concerned...i mean had anything happened with any of the gas appliances ( my main issue) would it just have been bad luck? i had no idea that these existed until the day before i asked him for one, and have asked everyday since... ive also asked the "gasman" on every call out- one even threatend to turn off the gas completly and have him prosecuted for not holdning the certificate... so if its that important to a stranger then why didn my landlord think so


anyway thats by and by now, ill pay up in the morning and shut up

[islandgirl]

and it is correct that the council will pay to the LL if you are 8 weeks in areas!

[jeffrey]

No, you do have to pay rent. After all, you have been living there.
BUT you might argue for a reduction to take account of heating failure.
Lack of mortgagee's consent will not be a ground for withholding rent, however.

[sr2010]

hi im new to this forum, came across it as i was googling for advice for our ( my children and myself) current situation
i moved into the property in march, under a 12 month shorthold assured tenancy

out rent is £700 and its paid via housing beneifit
these are the problems that have led to the current situation:

i signed the agreement for a furnished house, yet i have had to furnish it myself ( mostly from ebay)

i have evidence that my landlord does not have the kind of mortgage that allows him to rent the property out.and also the house mortgage is way behind ( 3 months before i moved in is when that started)

there was also no gas safety certificate on the property...( has been carried out today- boiler has broken down 5 times in past 12 days so we have been cold and miserable during the snow!)

the first time i asked him about the certificate i told him ( verbally) that i would withold rent till such a time when this was issued,,( this rent is all sitting in the bank)
today i have called him, to let him now that the saftey check all went well and hes banging on about back rent... hes also gone to the council and told them that im in " arrears"
i have spoken to the council half an hour ago, told the lady the situation, and bascically what ive been told is " well if you are more than 8 wks behind with the rent, then we will in future have no alternative but to pay direct to the landlord- as you are putting yourself at risk of eviction ( spose thats better than carbon monoxide posioning)

ive told the landlord that i will go tommorow and clear up the back rent... feel like telling him to *go away*
incidently the council have now put a stop on my rent until they are satisfied with the reason i provide for with holding rent...

feel like i dont have a hope in hells chance of "winnin" this, as the lady said, if i dont pay then theyll go over my head

many thanks for any advice you can offer