Withholding Rent for Repairs: A Comprehensive Guide by Housing Disrepair Experts

Withholding Rent for Repairs

As a tenant, you may face situations where your rented property requires repairs. In some cases, withholding rent set against repairs might be an option. This comprehensive guide by Housing Disrepair Experts will cover the essentials of withholding rent, including a step-by-step guide on how to use rent money to pay for repairs when renting properties. This is a must read before you stop paying rent.

Withholding Rent

Withholding rent means not paying or only paying part of your rent until your landlord addresses the required repairs. It's crucial to follow proper procedures and adhere to your legal obligations to avoid legal issues.

Withhold Rent

To legally withhold rent, ensure your agreement allows it and follow the correct steps. Communicate your intentions to your landlord in writing and give them ample time to address the repairs.

Future Rent

In some cases, tenants may decide to pay for the repairs themselves and deduct the cost from future rent payments. This option is only recommended for minor repairs that you or private tenants can afford to pay for if needed.

Tenancy Agreement

Before considering withholding rent, review your agreement to determine if it allows such actions or if there is a legal obligation. Not all tenancy agreements permit tenants to withhold rent for repairs, and violating the terms can lead to legal consequences.

The Proper Procedure for Deducting Repair Costs from Rent

Tenants have the right under common law to arrange repairs themselves and deduct the costs from future rent payments if their landlord has breached a repairing obligation. However, a very strict procedure must be followed to ensure tenants are legally protected.

The correct procedure involves providing the landlord with adequate notice and estimates of  costs before the work is done, allowing the landlord the opportunity to arrange repairs themselves. This is particularly important for tenants who receive housing benefits, as their local council may need to be involved.

If the landlord refuses to address the repairs, the tenant must still follow the correct procedure to be legally responsible and safeguard themselves against any possession action taken for rent arrears resulting from the deduction of repair costs from rent.

By adhering to the proper steps and ensuring clear communication with the landlord, tenants can successfully deduct costs from rent payments while minimising potential conflicts or legal issues.

When Offset Rent Arrears is an Option

Offsetting when you pay rent arrears can be an option for tenants when the landlord has breached their obligation to repair before court proceedings started. However, if the disrepair occurred later, the landlord may argue that it should be addressed separately from possession proceedings and cannot be used as a defense.

For a successful set-off argument, the tenant must demonstrate that the set-off is due to a breach of a condition in the tenancy, and it would be unfair to allow the landlord to recover the claimed arrears. The judge will consider both parties' past conduct regarding the tenancy and whether the case has been proven and the cost from future rent recovered.

Advantages of Offset Rent

This approach has the advantage of considering not only the cost of repair works but also housing costs and the damages the tenant is entitled to because of the landlord's failure to conduct repairs.

Rather than pay rent you would stop paying rent and place the money in a separate bank account. This cannot be done if either tenant claims universal credit or claim housing benefit as this is most likely paid directly.

If the tenancy agreement includes a term stating that the tenant cannot offset rent arrears against work in the property, it could be deemed an unfair term, which will not be binding on private landlord or the tenant.

Specific Procedure for Using Rent to Pay for Repairs

Follow these steps if you want to use your rent money to pay for repairs:

Step 1: Report the necessary repairs to your landlord in writing, giving them a reasonable time to complete the work. Keep a copy of your letter or email.

Step 2: If your landlord fails to address the repairs, write to them again, stating your intention to do the repairs yourself if they do not act. Keep a copy of your letter or email.

Step 3: Allow a further reasonable period for your landlord to complete the repairs. If they still do not respond, obtain three estimates from qualified contractors for the cost of the repair work. You would be expected to go with the lowest estimate.

Step 4: Write to your landlord again, enclosing copies of the quotes, and give them a final chance to complete the repairs within a specified time (e.g., two weeks). Warn them that if they fail to act, you will carry out the repairs and deduct the cost from the rent. Keep a copy of your letter showing how much money this will cost.

Step 5: If your landlord still does not respond, hire the contractor who provided the lowest quote to complete the work.

Step 6: Pay for the repairs and send a copy of the receipt to your landlord, requesting reimbursement. Keep a copy of your letter.

Step 7: If your landlord refuses to reimburse you, deduct the costs from future rent payments. Send your landlord a breakdown of the deductions, including the start and end dates of rental payment. Keep a copy of your letter.

Limitations of Using Rent to Pay for Repairs

Using rent to pay for repairs has several limitations:

• It is only feasible for tenants who can afford to pay the contractor themselves, making it suitable for addressing minor disrepair issues only. Also, the cheapest quote may not always be the best in certain circumstances.
• Following the correct procedure and completing the necessary repairs can be time-consuming. This can affect judging how much rent needs to be unpaid rent.
• This remedy can only cover the cost of disrepair, not damages (such as stress or injury to health) that may have resulted from the disrepair. You may not consider this a reasonable amount and wish to take legal action.
• Tenants are responsible for any negligent workmanship or damage to the property resulting from the work done.
• Council tenants who receive housing benefit cannot use this remedy.
• Housing association and private tenants claiming housing benefit, or any tenant claiming universal credit (for housing costs), may have their payments suspended until the issue is resolved.
• If the tenancy agreement states that the tenant cannot use rent to pay for repairs, it is likely an unfair term and will not be binding on the tenant. You could clarify this in a letter you write to your landlord.

Housing Disrepair Experts Conclusion

Withholding rent is a viable option for tenants in certain situations, but it must be approached carefully. Always follow the proper procedures, communicate clearly with your landlord, and consult your agreement to avoid legal disputes.

Claim for Housing Disrepair

If you feel that you are struggling with these types of issues, please get in touch as our team can help. Do not let things get as far as possession proceedings or indeed a possession order before acting.

We help tenants from Council, Housing association, and Private Rented Properties