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You should speak to the Citezens advice beurau fisrt thing monday morning and discuss it with the,. they know loop holes in the law and its a free service If you are paying the rent through council benefits then they should also be able to help you

by Amy

3 weeks ago

Asker's Rating: 

You can always fix the problems yourself and deduct the amounts from your rent.

by Liberal AssKicker- 3 weeks ago

i think you can put the money that would be spent on rent into a third party account. this way, it shows you are willing and able to pay the rent if the landlord is acting appropriately.

by Nicola- 3 weeks ago

Unfortunately you cannot hold your rent payment, as tempting as it feels. You need to contact your local council as you are living in unfit conditions, especially in the winter time. Keep all records of contact youve had with your landlord. If you ring him, write it down in a log. If you send a letter then keep a copy and send the letter recorded delivery. Keep ringing/sending letters until he acts upon this. Go to a solicitor aswell, if your on low income or benefits then they will send a letter free of charge. You could also use this solicitor to try and reclaim some compensation, in my view you are fully entitled to this!

by AllThatGlitters- 3 weeks ago

If I am not mistaken, you will be in the wrong to withhold rent as the tenancy agreement require you to pay it. Obviously the Landlord is in breach of the agreement and you can take action against him/her to recover your costs but this has to be done carefully. For example you must give the Landlord reasonable time to repair the boiler. I know you have but is it in writing? Any court case is won on the strength of the paperwork held by the winning party. You may be required to give notice that you are going to withhold rent as a means of recouping costs and can also seek compensation for your own inconvenience but this really needs to be handled by a professional. I see someone mentioned the C A B but they take forever to do anything. I would ring the Community Legal Advice line on 0845 345 4 345 for free advice. You have to answer some questions but you will get through to a qualified person (or they will ring you back) and it is free. :) Good luck

by Cryptic33- 3 weeks ago

Depends on your state, but in my state, California, you can either withhold the rent and use the money to make the repairs, move out, or you can just stop paying the rent until the repairs are made. Having hot and cold running water and having a working heater is required and not having this the property would be considered "uninhabitable". To use the above remedies your first must notify the landlord of the problem and give him a reasonable amount of time to make the repairs. Also, the tenant can't be the one that caused the defect.

by Glenn S- 3 weeks ago

You never have the right to refuse to pay the rent. Some states will allow you to pay your rent into an escrow account. You should simply call the health department. Every state has laws that require you to have some way to heat your unit and that you have access to hot water. The health department will have this landlord getting those things within 24 hours. If you do not have heat or hot water because you have failed to obtain gas from the company the landlord is in full compliance, you have the method, just have chosen not to utilize it.

by Janet P- 3 weeks ago

this should help you; available to guide you further when a unit is UNINHABITABLE, you have what in law is called a "constructive eviction." When that occurs, you inform the landlord of the situation, and you move out. YOUR lease has expired as of that moment. IF, on the other hand, he is getting it repaired in 1-2 days, and you wish to tolerate it till then, that is another matter. YOU have to decide and courts don't like wishy washy. YOU either are EVICTED by the condition of the unit or you are inconvenienced. IF the LL goes to court to sue you for future lease payments or to answer YOUR suit for UNEARNED prepaid rent, you need to explain the situation. 2 mo is not acceptable. [also, in any circumstances, if the small claims court judges against you, you can appeal to the superior court but i have never ever known anyone who has been Constructively evicted to lose his case. Maintenance Issues with the landlord a; Needs must be put into writing to make them “official.” B; the Landlord needs to be given 30 days unless they are emergency needs like water or ac/or heat or roof falling in/window/door out. C; if the LL does not perform the repairs- after 30 days, [non emergency ones] call 3 licensed contractors who perform this type of work. Hire one of them. Make sure you are happy with their work. Pay them when they are finished and get a receipt which shows what they did. D; when rent is next due, pay it MINUS the amount paid for repairs]. E; send a copy of the paid invoice. F; if the landlord complains about non payment of rent [or insufficient rent], and sues you, go to court and show the judge your paid receipts. If you win [in 99% of all cases, the tenant wins these cases], you get your filing fees back and 3x what you pay in rent for DAMAGES in a RETALIATION eviction. G; IF this is not a regular repair, but one that makes the unit uninhabitable–that is called a “constructive eviction” and it permits the tenant to call the landlord and inform him that you are leaving, having been thusly evicted by the condition of the unit. HE must return unearned rent [the rent for that day and all the rest of the month] to you no later than 15 days.

by kemperk- 3 weeks ago

NOT in most states. However, LL is violating lease and probably violating local housing ordinances. In such severe cases, you may be able to pay for repairs and deduct cost from your rent, which you must still pay to LL. But if you are getting a grant, not paying it yourself, that does NOT entitle you to deduct cost of repairs, even though you arranged for grant. You should discuss with LL an abatement of rent due to lack of heat and hot water, as since October 1 he is required to provide heat, and is violating local ordinance. Or if you used space heaters and have higher than normal electric bills, you can ask that he pay for them due to not providing heat as required by law. Google your state LL/tenant ordinance, go to legal aid.

by chatsplas- 3 weeks ago

I think yes if you have no hot water! Also the local codes department and mayors office will like to know if the problem persists without resolution.

by grandpa- 3 weeks ago

2 wrongs don't make a right.

by WelshLad- 3 weeks ago

Do NOT stop paying your rent. That will give your landlord immediate grounds to evict you. You need to write to him, setting all your issues out and send it to him by Registered Post. I'd also make an appointment to see Citizens Advice (UK?) because he is required to provide you with heating etc. But whatever you do, do not stop paying your rent. Add - you should also probably speak to your Local Council, Housing Department, who will no doubt be helpful, especially as you have small children in this situation. Again UK.

by MamaBas- 3 weeks ago

UK Write to your landlord, telling him that in your agreement it states the landlord will be responsible for the upkeep of the property, this includes having heat and hot water. Tell him that you will be getting 3 estimates to put the problem right,(get these done) and you will instruct one of the contractors to do the work, and will be paying for it from the rent you are going to withhold. Tell him you have taken legal advice (go to CAB and council environmental officer) and you are within your rights. Even though you have Warm front involved, this will take time, and you need this done asap. This landlord is appalling leaving anybody without heat or hot water, let alone a parent with children. Call the environment health officer and the private tenancy officer at the local council tomorrow. Good luck let us know

by alta- 3 weeks ago