Legal advice on not paying rent.

[bozza]

I rent a property from a estate agents on a monthly basis, the electric wall heater in my bedroom packed in the other day so I contacted them and they passed me onto the Maintainence office who said they would contact the landlord to see if they needed his permission to fix it.

Never heard back so contacted them this morning, they chased him up again and got back to me 10mins later asking of it was ok to pass my number on to him as he was going to contact me himself to get it fixed by him.

I still haven't heard anything back.

Would I be within my rights to hold this months rent payment that's due out next week if he doesn't fix it asap?

 

[CheltenhamHacker]

Not a lawyer, buit I can't imagine that would be legal, and seems in the long run having the letting agents against you would backfire!

 

[Piece]

Not an landlord expert, but I think withholding rent wouldn't really achieve anything. Keep pestering the estate agent on a daily basis. My wife rents out her flat via managing agent and she's obliged to fix (via official subcontractors) any issue but I don't know if there's a fixed time for that to be done (e.g. with 30 days of notification).

I would be wary of 'him' fixing it though, unless you know he's a qualified electrician, etc. Perhaps 'him' means his 'mates'!?!?

 

[John_Findlay]

I used to be a solicitor in Scotland, bozza. The rules are different here but an abatement of rent wouldn't normally be allowed in these circumstances. You have to give the landlord a reasonable opportunity to attend to the repair. What's reasonable depends on the circumstances but if it's not an emergency then you'd be expected to give him a bit longer. A heater not working probably wouldn't be regarded as an emergency. You'll have to bear with him a bit longer. I'd suggest telling him that if it's not fixed within 14 days then you'll attend to the repair yourself and deduct any costs from the next payment of rent. That would certainly be reasonable.

 

[Stegsie]

I wouldn't have thought so, mate. Seems a little heavy handed to not pay your rent for a month because a heater is broken for a few days (in the eyes of the law that is - I understand exactly why you would be pee'd off about it)

 

[bozza]

I used to be a solicitor in Scotland, bozza. The rules are different here but an abatement of rent wouldn't normally be allowed in these circumstances. You have to give the landlord a reasonable opportunity to attend to the repair. What's reasonable depends on the circumstances but if it's not an emergency then you'd be expected to give him a bit longer. A heater not working probably wouldn't be regarded as an emergency. You'll have to bear with him a bit longer. I'd suggest telling him that if it's not fixed within 14 days then you'll attend to the repair yourself and deduct any costs from the next payment of rent. That would certainly be reasonable.

Last night I had to sleep in jogging bottoms and hooded top due to the room being that cold.

Surely having no heat at all in a room you sleep in and having to sleep in clothes due to it being so cold is an urgent problem that should be sorted within a day or so?

The forecast is for it to get colder over the weekend and it can't be any good for my health having to sleep in a freezing cold bedroom?

 

[bozza]

I will also add I'm still waiting for the plaster on the kitchen ceiling to repaired that got damaged over 2 years ago due to a leek in a flat upstairs.

I chased them up 3 times on it and i just gave up on it as it's just cosmetic.

So he has form for fobbing me off with repairs.

 

[Piece]

Last night I had to sleep in jogging bottoms and hooded top due to the room being that cold.

Surely having no heat at all in a room you sleep in and having to sleep in clothes due to it being so cold is an urgent problem that should be sorted within a day or so?

The forecast is for it to get colder over the weekend and it can't be any good for my health having to sleep in a freezing cold bedroom?

Buy a decent fan heater (£50) and send the invoice to the managing agents?

 

[bozza]

Buy a decent fan heater (£50) and send the invoice to the managing agents?

I shouldnt have to fork out £50 of my own money which I don't really have spare at the moment that I'm not guaranteed to get back.

Its the fact he still hasn't even bothered to contact me about it to try get it fixed that's the annoying thing.

 

[John_Findlay]

Surely having no heat at all in a room you sleep in and having to sleep in clothes due to it being so cold is an urgent problem that should be sorted within a day or so?

Probably not, no. Nothing stopping you leaving the door open to get heat from other rooms, just as an example. That's what I'm guessing a court would say.

 

[drdel]

Get a couple of quotes for the repairs and send to the agents for authorisation within 7 days as it is winter otherwise you will get the work done and recover your money by deducting it from your rent (as long as you say that's what you're going to do or recover the 'debt' through the Small Claims Court which is easy to do online.

You can't spend another person's money without giving them the chance to mitigate their costs so make sure you notify the agents before you do anything.

Read your rental agreement to see what it says.

 

[bozza]

Probably not, no. Nothing stopping you leaving the door open to get heat from other rooms, just as an example. That's what I'm guessing a court would say.

It wouldn't work with the layout of my apartment, I'd lose more heat out of the main apartment door than what would go into the bedroom.

 

[John_Findlay]

It would probably be different if it was the heater in your main living area that had gone kaput, especially in this weather. That would be an emergency repair. As it's your bedroom it's probably not, I'm afraid.

 

[LUFC 1972]

Would suggest withholding rent is not a good idea, rent arrears are often frowned upon by both private and social landlords and non payment is argument you are unlikely to win.

As it is a heater in the bedroom than I dont think it would be classed as an emergency repair as the rest of your heating is working. I work in Social Housing and this would be classed as a routine repair and could take up to 28 days.

What you might be able to argue is that if you incur additional expense of using a fan heater that they should compensate for that.

 

[CliveW]

You have heating on in a bedroom when you're asleep???

 

[bozza]

You have heating on in a bedroom when you're asleep???

No but I have it on before I go to bed to warm the room so I'm not sleeping in a freezing cold room. Something strange about that?

 

[Hobbit]

Don't with hold rent. This can give the landlord the excuse for an eviction... #2 daughter is having property repair issues with her landlord, and #1 daughter is a barrister and is giving her advice. Even though it is a private rental, through the estate agents, you can contact your local housing office who will then chase the estate agents and landlord on your behalf. More often than not, when the local housing office get involved it gets repaired toot sweet.

But be aware, if you miff him off enough he could give you notice to quit.

 

[CliveW]

Perhaps it's me but I cannot sleep in a room without the windows open and heating on. We have a coal fire in the living room, but apart from that no other heating.

 

[chellie]

Perhaps it's me but I cannot sleep in a room without the windows open and heating on. We have a coal fire in the living room, but apart from that no other heating.

We never have heating on in our bedroom either and always have the window open.

The electric blanket to warm the bed half an hour before we get in it though is brilliant. That's not kept on though whilst we sleep.

bozza, hope you don't have to wait too long for your landlord to sort it out for you.

 

[Doon frae Troon]

No but I have it on before I go to bed to warm the room so I'm not sleeping in a freezing cold room. Something strange about that?

Southern Softie.
Suggest you read Ranolph Fiennes book Cold.
That will warm you up.