Rent witholding

[Annie Ruk]

Under what circumstances can a tenant withhold rent? My tenants have twice withheld rent after reporting leaks, despite that repairs were started promptly and the inconvenience limited. In the first case the tenant had to sleep on the sofa in the living room for a while whilst a ceiling was repaired. As he remained in the house I offered to reduce his rent by half but he withheld a whole months rent without my approval. In the second case two months rent were withheld after a shower leaked. A plumber was at the property 48 hours after the leak was reported and repairs commenced within 9 days. In both cases the tenants have access to all utilities as there is a second bathroom in the house and the toilet and sink in the first floor bathroom still work. Is there a specified time in which repairs have to be carried out? What can I do to let them know this is not allowable under the law or do I have to go through formal rent arrears procedures? Any advice welcome.

[Mortitia]

In most tenancy agreements there is a clause that says the tenant will not withold rent but some tenants seem to think this is a way of getting repairs done and means they have some control over the situation.

9 days to fix a leak is a bit excessive but still no reason to withold rent. Write and tell the tenants that this is breach of contract and not acceptable pointing out the other bathroom facilties.

Have a good look at your property and see if you can see anything that needs repair - this often saves loads of grief by keeping a property in good condition. The old adage of 'a stitch in time saves nine' is very apt in letting.

If you are still not happy with the tenants think about issuing a Section 21 to get them to leave. You don't say how far they are into their AST or what is in the contract. Make sure you have protected their deposit before going any further.

Mortitia

[Melboy]

I agree with Mortitia's comments.....................

Write to the Tenant and state that the witholding of rent payable whilst repairs are being organised will not be tolerated and it is (probably) against the terms and conditions of their rental contract.

Any repeat of this will result in the tenant being asked to leave with a section 21 notice.

I know I would not tolerate this type of behaviour for one moment.

Mel.

[Annie Ruk]

Many thanks for your comments and advice. After having written two chasing letters I have had a positive response from three tenants, I'm waiting for the fourth to respond. I will certainly will follow up your advice about the deposits and the general state of the property. Thanks again.

[Durwin]

I am also in similar situation like this and searching for expert opinion or the solution to solve my case. Then i cam across this forum and applied for the membership and soon got it. Now I am very satisfied as i have got what i am looking for.Thanks guys.