Witholding rent

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    Witholding rent

    can anyone advise me please...my tennant moved into the property on 3rd September this year with a 12 motnh certain contract from me, now as i know them through freinds i asked if it would be ok to leave some of my things in the 2nd bedroom for a month and my water bed in the main bedroom until i sorted storage and i also advised them i would have the repairs done by end of the month, ie elctrial wires hangin from the living room wall and the kitchen wall, 2 door handles are broken, toilet set was broken and the hallway cupboard was also full of my stuff as well as a washing machine fridge freezer and a dishwasher - i have promised them to have it removed on several occasion but i was let down with a van etc. I have now moved everything on Sunday of last week, apart from the fridge freezer and dishwasher but need a plumber for this a i need a new u-bend. Anyway they witheld £100 from november rent (paid 3rd nov) and said they would pay when eveythings out and repaired but i still havent managed to get this organised, can they legally withold the rent for good as they are saying storgae cost? Also i havent had the gas safety certificate yet but am trying to asrrange this in the near future - where do istand as a landlord?

    #2
    Originally posted by JustlittleME View Post
    Also i havent had the gas safety certificate yet but am trying to asrrange this in the near future - where do istand as a landlord?
    Where you stand is in serious breach of your legal (and contractual) obligations.

    The T is not entitled to withhold rent, however, it's not very surprising that they did in the circumstances.

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      #3
      Legally they cannot withold rent, but if that is all they do, then you have got off lightly.

      Why are you "trying" to arrange the Gas Certificate in the near future and not now?
      You sound like a nightmare landlord that will find themselves in court quite soon, and quite often.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Legally no, they can't withhold rent in these circumstances.

        Regardless, you need to sort out the other items as a matter of priority. Being unable to organise and carry out simple / minor repairs over the last two and half months does not look good for the future.

        Being a Landlord is a business and needs to be approached as such. The items you mention should only take a few hours to organise. If you can't find that time either today or tomorrow then you shouldn't be a landlord. Sorry if you feel that's harsh but its these types of situations that form the base of the bad image of landlords.
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

        Comment


          #5
          Originally posted by mk1fan View Post
          Legally no, they can't withhold rent in these circumstances.

          Regardless, you need to sort out the other items as a matter of priority. Being unable to organise and carry out simple / minor repairs over the last two and half months does not look good for the future.

          Being a Landlord is a business and needs to be approached as such. The items you mention should only take a few hours to organise. If you can't find that time either today or tomorrow then you shouldn't be a landlord. Sorry if you feel that's harsh but its these types of situations that form the base of the bad image of landlords.
          Ok i have been a little unorganised, i am going through a divorce which is why i had to store all my furniture and ex husbands furniture in the falt until last week and this is why they are now saying, due to my promises not being upheld, that they are holding the 100 pound for storage fees?? can they do this?

          Comment


            #6
            Your question has been clearly answered.

            However, you really need to ask yourself whether you really want to have an arguement with them about whether they are legally entitled to withold rent? Or perhaps spend less time and organise forefilling your promises?

            Your first post says that they intend to pay this to you once you forefill these promises. I reitterate thesaint in that if this is all they have done you have got off lightly. The situation is easily ressolved and you can then move on with lessons learned.

            With all due respect, you have responsibilities as a landlord and your personal situation does not negate these.
            There is always scope for misinterpretation.

            If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

            Everyday is an opportunity to learn something new.

            Comment


              #7
              I wouldn't even mention £100 rent witheld, call it 3 months storage charge for your contents and rebate for T inconvenience.

              Where do you stand as a LL? On the hangman's trapdoor wearing a noose IMO, given that who have rented property (for 3 months) without -
              1 first obtaining a valid GSC, and prob no EPC
              2 left electrical wiring hanging in 2 rooms (hopefully not live!)
              3 not done nec repairs of which you were aware
              4 not removed appliances appliances not included in Let & unwanted by Ts
              5 deprived Ts of 'peaceful enjoyment' for 25% of fixed term.

              Forget £100, move on and hope Ts don't seek further advice. You got off lightly. (prob)

              Comment


                #8
                Originally posted by JustlittleME View Post
                Ok i have been a little unorganised, i am going through a divorce which is why i had to store all my furniture and ex husbands furniture in the falt until last week and this is why they are now saying, due to my promises not being upheld, that they are holding the 100 pound for storage fees?? can they do this?
                Your personal problems are irrelevant when it comes to your legal and contractual obligations. Concentrate less on the £100 withheld, and more on fulfilling your obligations. For a start, phone a Gas Safety Registered Engineer tomorrow, and arrange a Gas Safety check.

                Comment


                  #9
                  All of the posters have given you factual and accurate advice. Your personal issues are not the fault of the tenant who has taken on a contract for exclusive use of a property. That means they have agreed to pay for access to every square inch of it whilst they live there unless the tenancy agreement states otherwise (such as loft access).
                  You have failed them in every way possible by not providing a safe and certified home, or access to it. Whilst, in technical terms, they can't withold rent, I can't think of a court in the land that would be sympathetic towards you. I'm susprised they haven't already considered legal action themselves.
                  Take the advice of other members and fix this TODAY then make the tenants an offer/gift/compensation for the shocking an immoral way you have treated them. A pound spent today will save you a thousand tomorrow.
                  I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

                  Comment

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