Students often ask if they can withhold rent as a means of pressurising their landlords to carry out repairs or in protest at their failure to do so.
Although this might seem an attractive option, it is important to bear in mind that tenants do not have a legal right to withhold rent in these circumstances and can be taken to court for rent arrears if they do so.
THE LEGAL POSITION
When you enter into a contract for an Assured Shorthold Tenancy you agree to be bound by the terms of the contract, including the amount of rent to be paid. If you break any of the terms of the contract or try and change them without your landlord's consent, your landlord can take court action against you. This could be for eviction or they can issue a money claim against you for the outstanding rent which would include a charge for interest and the court fee.
This applies even if your landlord is already in breach of contract themselves by failing to comply with their repairing obligations, although in this situation it is often possible to put in a defence and counterclaim for damages.
The 1988 Housing Act, as amended by the 1996 Act, allows the landlord to apply for an eviction order on 3 grounds which relate specifically to rent. These are: Ground 8, when the tenant owes at least 8 weeks or 2 months rent; Ground 10, when the tenant is in rent arrears; and Ground 11, when the tenant has persistently delayed paying rent.
Ground 8 is probably the most serious of these because it is a mandatory ground. This means that the court must grant a possession order if the case is proved. You should also bear in mind that in some circumstances possession orders can be granted very quickly.
USING RENT TO PAY FOR REPAIRS
Tenants do have the right to use their rent money to recover the cost of repairs they have paid for themselves when the landlord is in clear breach of their repairing obligations, but it is essential to follow the correct procedure. It you are considering this course of action - come to the ARC for referral to a specialist housing solicitor before proceeding.
CAN I GET COMPENSATION FOR REPAIRS NOT BEING CARRIED OUT?
Although there is no automatic right to compensation, there is nothing to stop you asking for it. You should seek legal advice - come to the ARC for a referral to a housing specialist solicitor.
CAN I OFFSET MY LAST MONTH'S RENT AGAINST MY DEPOSIT?
You should not withhold your last months rent and tell your landlord to use your deposit to cover the rent unless he agrees beforehand.
