Tenant Withholding Rent

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    #16
    In fact looking at that page you linked to, Shelters steps 1-8 are the steps required under the Lee-Parker v Izzet ruling, so they have covered it in all but name.

    Only circumstance where tenant would be justified in getting work done without following those steps would, I think, be something like the example I gave above re jammed lock and LL not being immediately contactable, or where the LL is uncontactable and something needs doing in an emergency - burst pipe, etc. In the latter case I would have thought that arranging a temporary repair themselves would be the tenant acting in a 'tenant-like' manner, as per Somervell LJ.
    I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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      #17
      Originally posted by thesaint View Post
      Get the agent to serve a Sec 21 on this tenant immediately.
      She has given you a taste of what she will be like in the future when problems inevitably occur.
      Seconded!

      I would also advise OP to sell up if intending to be as far as NZ long term. Others will disagree but I simply don't accept a property can be satisfactorily managed at such a distance long term. Chances are boiler didn't even need replacing.

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        #18
        Originally posted by monkeysee View Post
        In fact looking at that page you linked to, Shelters steps 1-8 are the steps required under the Lee-Parker v Izzet ruling, so they have covered it in all but name.
        You're right - I just think it is slightly confusing that the page starts this whole section with

        "If your landlord won't carry out repairs or is being unreasonably slow in getting them done, you could pay for repair work yourself and then deduct the costs from your rent. If you do this, you must follow the correct procedure (see below). If you don't follow the correct procedure, you could be evicted for rent arrears."

        but that it then states

        "Tenants do not have the right to withhold rent, and most tenants can be evicted if rent arrears build up, regardless of why the rent arrears exist. So, if you don't pay all of your rent, the landlord might try to evict you."

        I read this as saying something along the lines that the procedure just exists for statutory tenancies - having read it again I agree that this is not what this page says so I was wrong. However, I think the way this is written is a little misleading and many tenants could be left thinking that this procedure doesn't apply to them despite it doing so.

        Only circumstance where tenant would be justified in getting work done without following those steps would, I think, be something like the example I gave above re jammed lock and LL not being immediately contactable, or where the LL is uncontactable and something needs doing in an emergency - burst pipe, etc. In the latter case I would have thought that arranging a temporary repair themselves would be the tenant acting in a 'tenant-like' manner, as per Somervell LJ.
        I agree.

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          #19
          Yeah it is somewhat misleading, it's almost like it was added as an afterthought to cover themselves in case someone got evicted and blamed them.
          I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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