Non Payment of rent

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    Non Payment of rent

    Having received my bank statement I found that the rent due on the 1st of August had not been paid. After speaking to the tenant I was told that there was work that needed doing (i.e. dripping tap etc) and he would not pay until these works had been completed. Can he legally withold the rent & should he have notified me of these problems before the rent was due. I have always addressed any problems immediatly of being notified.

    #2
    Cheeky blighter! Yes, of course he should have informed you - how else are you supposed to know? And if it is just a dripping tap, it is not unreasonable to expect a tenant to behave in a 'tenant-like manner' and fit a new washer first to see if that fixes the problem. Something more serious, you will of course attend to/get a plumber in yourself.

    So, no, he was not entitled to withhold rent and you would be entitled to aply the usual protocols allowed for in your contract with him - most people charge between £5 and £15 for a reminder letter and/or interest on the late payment. You will obviously also be telling him that as you are not psychic, he should inform you promptly of any disrepair (agree whether this should be by phone, email or whatever). If he continues to withold rent consider issuing a s8 (you do not have to follow it up with a court order if you don't want to, but it might help him get the message about the rent!).
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Many thaks for that, will take your advice!

      Comment


        #4
        I second everything MTG says, and I would add that firstly, your statutory repairing obligations do not kick in until the tenant reports the disrepair, and secondly, disrepair does not give T an automatic entitlement to withhold rent. If compensation is appropriate (i.e. for serious, unrepaired disrepair) then it must be either negotiated and agreed by both parties or ordered by a court.

        See also
        http://england.shelter.org.uk/get_ad...n_private_lets

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