Can I Withhold Rent For A Housing Disrepair?

Should I pay my rent when the property is in disrepair?

Many tenants attempt to withhold rent as a means of pressuring their landlord to carry out necessary repairs. However, this can be a risky strategy, as it may lead to the tenant being evicted by the landlord through a court action for breaching the tenancy agreement. The landlord may also seek to bring a money claim against the tenant.

It is important to note that there are legal provisions that place the responsibility of maintaining the rented property in good repair on the landlord. Therefore, rather than withholding rent, tenants are advised to inform their landlord in writing of any disrepair issues and request that the necessary repairs be carried out within a reasonable time frame.

Is the law on my side if I withhold rent?

Section 11 of the Landlord and Tenant Act 1985 states that the landlord is responsible for maintaining the structure of the property and ensuring that all installations are in good working order. Additionally, Section 9A of the same Act requires the landlord to take appropriate measures to remedy hazardous disrepair that renders the property unfit for human habitation. The Defective Premises Act 1972, Section 4, further mandates the landlord to ensure that there are no defects that may cause personal injury or damage the tenant's belongings.

While withholding rent may seem like a way to force the landlord to carry out repairs, it is important to note that disrepair is usually calculated as a percentage reduction in rent, not the full amount payable. This can create difficulties if adequate evidence is not available. It is also risky as the landlord may take legal action against the tenant, either for possession of the property or a money claim.

However, tenants have the right to use their rent to pay for repairs and recover the cost from future rent if the landlord fails to act accordingly. It is crucial to follow the proper procedures to avoid eviction or other legal consequences.

If I do not withhold rent what else can I do?

Consider taking the following steps if you are a tenant experiencing housing disrepair:

Write a formal letter to your landlord notifying them of the disrepair and give them a reasonable timeframe to carry out repairs. Keep a copy of the letter for your records.
If your landlord fails to take action, write to them again and inform them that you will carry out the repairs yourself unless they take responsibility as required by law.
Give your landlord another reasonable timeframe to do the repairs. If they still fail to do so, obtain three quotes from qualified contractors for the cost of the repairs.
Send a third letter to your landlord enclosing the quotes you received and give them approximately two weeks to carry out the repairs. Inform them that you will hire the contractor with the lowest quote and deduct the cost from your rent. Keep copies of all letters for your records.
If your landlord still fails to act, hire the contractor with the lowest quote to carry out the repairs.
After the repairs are completed, pay for the work and send a copy of the receipt to your landlord requesting a refund. Keep a copy of this letter for your records.
If your landlord refuses to refund you the money, deduct the cost of the repairs from future rent and send a letter to your landlord with a breakdown of the amounts to be deducted. Indicate how you plan to carry out the deductions.

Remember to keep copies of all correspondence between you and your landlord as they may be important in the future.

Housing Benefits or UC?

If you receive Housing Benefit or Universal Credit housing costs as a local authority tenant, using this procedure may not be an option for you. This is because your landlord may be receiving payments for these costs directly. To proceed, you should contact the Housing Benefit office or the Department for Work and Pensions (if you are receiving Universal Credit) and inform them of your intentions. Ask them to make payments directly to you instead of your landlord.

To ensure the quality of the work, it is important to obtain quotes from properly qualified contractors as you will be responsible for the work carried out.

If your tenancy agreement prohibits you from using rent to pay for repairs, this may be unfair. However, you can seek advice from housing disrepair experts.

Other Steps You Can Take

In the event that a disrepair issue is jeopardising your health or safety and your landlord persists in being neglectful, you have the option of reporting your landlord to the Environmental Health department at your local council.

Some disrepair issues that can affect your health and safety include;

A gas leak
Faulty electrical connection
Broken water and space heater
A broken step or other serious structural cracks
Flooding, drainage or sewage problems
Mould or damp
Rodent, pest or vermin infestation

Ensure that when you write to your local council about your disrepair problem, you provide a comprehensive account of every detail. It's possible that your landlord may attempt to evict you for making complaints. However, if you have an assured shorthold tenancy that started after 1 October 2015, you may have additional protection against eviction by your landlord.

After the local council receives your letter, an Environmental Health Officer will inspect the property and order your landlord to carry out repairs if they determine that the disrepairs are affecting your health and safety. It's also essential to retain any correspondence you receive from the local council.

If the issue is a serious one, the local council should act quickly to remedy the problem. However, if they fail to take sufficient action, or if they believe the problem is less severe than you do, you may write to them again to request a review of their decision.

If after all these steps have been taken and the problem is still not fixed, then you can make a claim.

When you want to make a claim for disrepair, be it a private housing or housing association disrepair , it is important that you provide evidence of the disrepair.

These will include:

Photographs showing the state of disrepair of the house
Correspondences between you and your landlord or letting agent, such as letters, texts, or emails
Receipts for any damaged items that you've had to replace
A doctor's report if the problem has caused health issues
Hospital bills, if applicable
A copy of your tenancy agreement and any other relevant evidence to support your claim

Housing Disrepair Solicitors Wales No Win No Fee

If you're dealing with housing disrepair issues, our team of no win no fee solicitors can assist you with your claim. We'll provide you with top-notch legal representation to ensure that you receive compensation for any discomfort, injuries, losses, or other inconveniences caused by the disrepair.

We have extensive experience in assisting tenants with disrepair claims, and we can guide you on the compensation claim process against your landlord. Our no win no fee arrangement means that you won't have to worry about upfront legal fees.