View Full Version : Can I stop paying rent?
dominoid Feb 21, 2004, 16:12 Does anybody know housing law well enough to advise me here?
Basically, I live in a shared house (A hostel in all but name) and we have:
Intermittent hot water(cold water is fine though)
A boiler leaking all over the kitchen floor but only heating water when it feels like it
Patches of damp and rot that can be measured in square feet (the main between 1 and 3 sq' each plus lots of smaller areas)
and gas appliances that have not had a maintainance check in nearly 2 years.
All of these are illegal AFAIK, I have found some references in housing law books to these being evidence of 'unsuitability for human habitance' but nothing about wether or not I can refuse to pay rent until they sort the problems out. My landlords are aware of the problems and have done nothing. The house is rented on a tenancy 'licence' scheme and this according to law puts the repair honus on the landlord.
Can somebody point me to an act I can quote in order to get them to play ball here?
Visit your local Citizens Advice Bureau. They should be able to help.
daidavies Feb 21, 2004, 16:28 I think you can take legal action, but if you refuse to pay rent, once the repairs are done your landlord can end your tenancy.
As Toxic says, check with CAB.
fireboy Feb 21, 2004, 16:30 The main legal provisons for your rights as a tenant are set out in :
legal provisions
section 17 Public Health Act 1961
section 4 Defective Premises Act 1972
sections 1, 11, 17, 48 Landlord and Tenant Act 1985
sections 190, 604, 606 Housing Act 1985
section 116 Housing Act 1988
sections 79 - 80, 82 Environmental Protection Act 1990
When taking any action againt a land lord do the following:
Firstly, you must contact a solicitor, Citizens Advice Bureau or a law centre to determine the exact nature of your tenancy agreement. If your tenancy does not protect you fully from eviction, your landlord may try to repossess your dwelling and evict you, if you try to enforce your repairing rights. Obtaining advice on this matter at an early stage is therefore very important.
Provided you have protection from eviction, if your landlord refuses to carry out repairs, you have two main options. These can be pursued simultaneously. Firstly, you can ask the council’s environmental health department to inspect your dwelling. If the disrepair is serious, they can order the landlord to carry out the repairs. However, local councils are often understaffed and under-resourced. Therefore, if your council fails to move quickly, you complain to a Justice of the Peace. After inspecting your property, he may recommend to the council that repairs should be done. Council’s normally take such recommendations seriously. In addition, can bring your own criminal or civil action against your landlord. In both cases, you can ask for a court order that the works are carried out and for monetary compensation. Civil awards are often greater than criminal awards.
In this area, much depends on whether the landlord knew that repairs were needed or should have known. If repairs are needed you should write to your landlord recorded delivery. If action is later taken, you will have proof that your landlord was notified.
If you are considering legal action, you should seek full legal advice. Individual cases turn on their specific facts. Your advisors will help you to decide which option is best for you.
Source : http://www.freelawyer.co.uk/vlawyer/actfile.asp?subject1=5&subject2=2&seq=1&actid=128
dominoid Feb 21, 2004, 16:32 right, will go see CAB on monday afternoon. Cheers guys, this should help a lot.
fireboy Feb 21, 2004, 20:27 Good luck with that and make sure you let us know how you get on, and further information such as addresses etc should follow should all not go to plan ;)
i am not beingh serious, honest
marleyb Feb 21, 2004, 21:07 sorry to hear you live in a shit hole
me ? i live in a shoe box in the middle of the m1
dominoid Feb 22, 2004, 15:09 and you have to get up at four o clock in't morning every day and lick t'road clean wi' tongue?
A shoebox!!! Your'e lucky we used to dream of living in a shoe box...........
Did you go and see, dominoid?
monkeyfister Feb 23, 2004, 22:22 The Council can be right bastards to a landlord when they want to be.
They can cause the landlord all manner of expense through fire regulations and health and safety regulations etc. This could cause the landord to have to install proper fire doors, fire extinguishers, fire alarms, adequate checks, assesments, visits etc.
I would have thought that the threat of the council might get their arses into gear.
piercedprincess Feb 24, 2004, 13:38 marleyb spouted:
sorry to hear you live in a shit hole
me ? i live in a shoe box in the middle of the m1
:haha: You lucky git, when i were a lass there were 15 of us living in a paper bag on side t'road
Goat Rider Feb 24, 2004, 14:49 dominoid any update on the situation ?
dominoid Feb 24, 2004, 14:52 nope, still waiting for CAB advisor to get back to me by post with my appointment. But I have found the relevent laws to quote and worked out exactly what must be provided by the landlords. I am withholding rent temporarily and keeping it in a little jar in case I have to pay it after all, my landlady is ill anyway so I won't be seeing her until next week!!
dominoid Feb 24, 2004, 14:53 I'm planning to move as soon as I get a new jpb anyway, will be a bit more careful about where I move to this time.
|
|