Tenant refusing to pay rent

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    Tenant refusing to pay rent

    Tenant refusing to pay rent as hob not working and delay by L/L replacing this - can tenant legally do this? Thanks in advance?

    #2
    No.

    LL should get hob fixed ASAP to counter T's non-payment

    Comment


      #3
      There are proper courses of action to ensure LL complies with repair obligations and withholding rent is usually the last resort. The old adage "2 wrong don't make a right" is very true here, and tenant risks getting eviction notice if this continues.

      Have requests for repair been submitted in writing? Has LL acknowledged receipt and given any reason for delay (parts shortage, obsolete hob etc)?

      Are you asking as tenant? or LL?

      Comment


        #4
        Hello

        I'm asking as a letting agent. We instruced a contractor on receipt of the call from the tenant. The contractor advised that a replacement was required and the L/L decided he would fix it himself. He realised that he couldn't. The replacement has been ordered and installation is being carried out this week. Does this give the tenant the right to stop payment even though they have other cooking facilities. The tenant also has a history of paying late so could be an excuse.

        Comment


          #5
          Why not tell tenant you will lend him a temporary free-standing worktop hob on receipt of rent?

          Something like this:

          http://www.argos.co.uk/static/Produc...7C14418592.htm
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

          Comment


            #6
            Withholding rent is not acceptable unless the tenant has folowed the legal precedent set out in lee-parker v Izzet (1971).

            However, in this case, the delay has been exagerated by the landlords actions, so a small ex-gratia payment may be in order.

            Comment


              #7
              "However, in this case, the delay has been exagerated by the landlords actions, so a small ex-gratia payment may be in order." ???

              "We instruced a contractor on receipt of the call from the tenant. The contractor advised that a replacement was required and the L/L decided he would fix it himself. He realised that he couldn't. The replacement has been ordered and installation is being carried out this week."

              Any undue delay appears down to T, so no reason to provide temp hob or for T to withold rent, based on facts given.

              Comment


                #8
                Originally posted by mariner View Post
                Any undue delay appears down to T, so no reason to provide temp hob or for T to withold rent, based on facts given.
                Sorry? It was LLs decision to attempt to repair it himself - no-where are the tenants actions shown to be contributing to the delay.

                Comment


                  #9
                  Apologies S, I should have gone to Specsavers.

                  Comment


                    #10
                    Why dont you get the LL to offer some compensation ie. a few days rent free (to pay for all the takeaway's ) Maybe that will keep the piece?
                    My comments are taken on board knowing I am not legally trained, just so you know

                    Comment

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