Unrepaired damage.

[Pooza]

Hello all.

Just looking for some opinions on the best course of action to take.

The scenario is that following heavy rain in early November a leak has left the bathroom in a bit of a mess; missing tiles, wallpaper falling off and big damp patches. After three months of fob offs the LL has refused to repair any of the damage and said if we don't like it we can leave. Nice attitude.

As it happens, unsurprisingly, we are planning to leave. However this may take a number of months. In the interim I feel I am paying over the market rate for a property in a poor condition.

Would it be totally unreasonable for me to simply reduce my monthly payments accordingly. Any thoughts gratefully received.

Thanks

[Handson]

I have seen of tenants when the condition of property is in need of repairs witholding rent as a last resort.

Generally LL should be given enough time to rectify the problem, before witholding. But in your case you have good reason to withold rent.

[p_cas]

I have seen of tenants when the condition of property is in need of repairs witholding rent as a last resort.

Generally LL should be given enough time to rectify the problem, before witholding. But in your case you have good reason to withold rent.


Not sure where people get these ideas from? Withholding rent would put you in the wrong as you'd be breaking the terms of your agreement with the LL. The LL could possibly sue you for the money if he wished.

The correct procedure, after giving the LL a reasonable time to rectify the faults, is to write to him stating that you intend getting estimates for the work and that you will deduct the cost of the work from the rent. This will usually spur the LL into action. If it doesn't. then you do as stated in the letter.

However, in practical terms, is there any point in getting into legal arguments etc if you are leaving soon anyway? Also, it's very probable that your next LL will require a reference from this LL. Do you think he will give a decent reference if you are withholding rent?

[Pooza]

Thanks for the replies.

I think I might just put up with it and try and get out as soon as possible. Not really concerned about LL reference as we're intending to buy, I don't think I would ever rent again as the law seems pretty much stacked in the LL's favour.

[P.Pilcher]

Suprise Suprise! Pooza: Us landlords are most definitely of the opinion that the law is all stacked in the tenant's favour - added to that we note that judges most often give tenants the benefit of the doubt when making their rulings!

P.P.