AST Tenant withholding rent

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    AST Tenant withholding rent

    Can anyone please tell me all the grounds on which a Tenant under an AST can legally withhold rent?

    Thanks in advance.....

    #2
    If they can prove (letters) that essential (boiler etc) repairs were not fixed in a timely manner by LL and T obtained quotes for the work and paid for the works to be done (but not betterment, just fixed). Also I suppose could claim for paying for temporary heating appliances (but those would ultimately belong to LL) or to heat water.

    That kind of thing.

    Shelter provide advice on their website for a T to legally withhold rent when a LL isn't living up to their repair obligations. It means though that a T does need very good evidence before withholding that rent.
    I'm a good tenant with great landlords
    I'm also a living, breathing, fully cooked female.

    Comment


      #3
      Originally posted by Brb View Post
      If they can prove (letters) that essential (boiler etc) repairs were not fixed in a timely manner by LL and T obtained quotes for the work and paid for the works to be done (but not betterment, just fixed). Also I suppose could claim for paying for temporary heating appliances (but those would ultimately belong to LL) or to heat water.

      That kind of thing.

      Shelter provide advice on their website for a T to legally withhold rent when a LL isn't living up to their repair obligations. It means though that a T does need very good evidence before withholding that rent.
      I don't believe they can "legally" withold rent for this.

      As far as I am aware, the only legal reason is if they haven't been supplied with the landlords details.
      Section 48 of the Landlord & Tenant Act 1987
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Technically nothing... It is for a court to decide really, that said if T witholds rent and LL takes them to court over it court may rule in their favour.
        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

        Comment


          #5
          Are you a landlord or tenant?
          What grounds is rent being withheld?

          Comment


            #6
            Originally posted by thesaint View Post
            I don't believe they can "legally" withold rent for this.
            The procedure was established in Lee-Parker v Izzet 1971. See http://www.letlink.co.uk/case-law/re...zzet-1971.html

            As far as I am aware, the only legal reason is if they haven't been supplied with the landlords details.
            Section 48 of the Landlord & Tenant Act 1987
            Not landlord's details, but an address for serving notices in England/Wales (which may, of course, be the landlord's address but may also be that of an agent etc).

            Comment


              #7
              Originally posted by thesaint View Post
              I don't believe they can "legally" withold rent for this.

              As far as I am aware, the only legal reason is if they haven't been supplied with the landlords details.
              Section 48 of the Landlord & Tenant Act 1987
              Thanks for the correction. It is worthwhile noting though that Shelter do provide Ts advice to do this (in extreme circumstances) and lists a 7 step plan on achieving it.

              I only mention it because a T could read this advice and think they are legally in the right to withhold the rent (I did). Am glad to be corrected though

              Edit: Erm ...... LOL corrected again. Thanks for the link westminster.
              I'm a good tenant with great landlords
              I'm also a living, breathing, fully cooked female.

              Comment


                #8
                Note the bit that says reasonable time - It, surely, would take a court to decide what is reasonable in this instance? In any event most T's will withold rent and it really is up to LL whether or not they want to chase it.

                Another approach could be to sue the LL for specific performance?.
                [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                Comment


                  #9
                  Originally posted by westminster View Post
                  The procedure was established in Lee-Parker v Izzet 1971. See http://www.letlink.co.uk/case-law/re...zzet-1971.html
                  I understand there is a procedure, but is that the same as a law?
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Originally posted by thesaint View Post
                    I understand there is a procedure, but is that the same as a law?
                    Case law is the same as the law.

                    Comment


                      #11
                      Herewith Mssrs Shelter's stuff..

                      http://england.shelter.org.uk/get_ad..._doing_repairs

                      Presumably MJ you are LL??
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment


                        #12
                        Thanks for all te posts so far..

                        I am the Landlord.

                        I had a previous issue with a Lodger who, by default, became a T when I moved out of the property without changing their agreement. I then had to transfer her deposit to a DPS. Now, another T (on a Flat Share Agreement, not an AST) is demanding that her deposit is transferred to a DPS and is withholding rent until it has been done.

                        The withholding of rent was done without prior notice. It was only after the rent was 4 days late and I contacted the T, that I became aware of all this.

                        Of course, I could transfer her deposit to DPS (even though in this instance I am not obliged to do so), but I'm not happy with being held to randsom over it by the T.

                        Comment


                          #13
                          Originally posted by thesaint View Post
                          I understand there is a procedure, but is that the same as a law?
                          It's called the doctrine of binding precedent... Common law is used to basically build a law using intepretation of statute - unfortunately the process of preparing statute is so long winded it simply cannot cover everything thus higher courts decisions bind lower - ie High Court binds county courts etc.

                          That said I cannot find which court this case was heard in, but presume it must be one which is binding as county court case notes are not usually published!
                          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                          Comment


                            #14
                            Rent late by 4 days is not withholding rent. That;s just rent late.. and 4 days is neither here nor there (whilst annoying).

                            Withholding rent is normally only done when LL refuses to make repair that any Ll with half-a-brain would just do, and T really has no option but to try & force LL to do something.
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              Originally posted by theartfullodger View Post
                              Rent late by 4 days is not withholding rent. That;s just rent late.. and 4 days is neither here nor there (whilst annoying).

                              Withholding rent is normally only done when LL refuses to make repair that any Ll with half-a-brain would just do, and T really has no option but to try & force LL to do something.
                              It's witholding rent when the tenant has specfied what they are doing as in this case.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X