Tom 13921 Posted December 13, 2006 Share Posted December 13, 2006 Ok i rent i house in York and the heating hasnt been working properly for a month. I dont really want to give the landlord this months rent and im not sure about the best legal way to go about and im not sure what risks i face by refusing to pay the landlord. Seems fare, £250 a month each for 5 people and not heating? Fuck off Link to comment Share on other sites More sharing options...
Gemmill 36677 Posted December 13, 2006 Share Posted December 13, 2006 Personally I would be on the phone to him constantly pestering him about sorting it out, and explaining that I didn't feel that I should pay any rent unless he kept things like the central heating in working order. Obviously you've got a busy schedule of staying up til 4am and sleeping all day, so will find it harder to fit this sort of communication in. Link to comment Share on other sites More sharing options...
manc-mag 1 Posted December 13, 2006 Share Posted December 13, 2006 Legally you can withold a proportion of rent to offest against breaches of the Landlords side of the contract. Ie you can do that without breaching your side of the contract. Whether he's actually in breach of the contract would probably depend on whether you've actually brought the defect to his attention of course. He's not expected to be clairvoyant. I'm assuming you mean you've done this and he's taken no remedial action. I wouldnt necessarily recommend witholding rent btw-it depends on what sort of a person your landlord is/how you'll think he'll react/how much you want to carry on living there in the future etc. I'm assuming you're only on a 6 or 12 month assured shorthold tennancy in any event? Link to comment Share on other sites More sharing options...
manc-mag 1 Posted December 13, 2006 Share Posted December 13, 2006 Personally I would be on the phone to him constantly pestering him about sorting it out, and explaining that I didn't feel that I should pay any rent unless he kept things like the central heating in working order. Obviously you've got a busy schedule of staying up til 4am and sleeping all day, so will find it harder to fit this sort of communication in. Shouldnt have bothered with a law degree tbh. Thats bob on. Including the bit about students. Link to comment Share on other sites More sharing options...
manc-mag 1 Posted December 13, 2006 Share Posted December 13, 2006 Legally you can withold a proportion of rent to offest against breaches of the Landlords side of the contract. Ie you can do that without breaching your side of the contract. Whether he's actually in breach of the contract would probably depend on whether you've actually brought the defect to his attention of course. He's not expected to be clairvoyant. I'm assuming you mean you've done this and he's taken no remedial action. I wouldnt necessarily recommend witholding rent btw-it depends on what sort of a person your landlord is/how you'll think he'll react/how much you want to carry on living there in the future etc. I'm assuming you're only on a 6 or 12 month assured shorthold tennancy in any event? offset tbh. Link to comment Share on other sites More sharing options...
Gemmill 36677 Posted December 13, 2006 Share Posted December 13, 2006 Personally I would be on the phone to him constantly pestering him about sorting it out, and explaining that I didn't feel that I should pay any rent unless he kept things like the central heating in working order. Obviously you've got a busy schedule of staying up til 4am and sleeping all day, so will find it harder to fit this sort of communication in. Shouldnt have bothered with a law degree tbh. Thats bob on. Including the bit about students. Bear in mind as well, T-Keith, your landlord can't re-rent this house with no central heating as no one would be interested, so it's in his best interests to get it sorted before you lot get to the point of telling him to fuck off. But he won't do anything without a significant level of hassle from you (he's probably enjoying the thought of you students living in the cold ). Ring him, tell him you can arrange for someone to be in whenever he sends an engineer/plumber/whatever in, and tell him you want someone out by the weekend - or at least a firm arrangement in place for someone to come out next week. Tell him that unless this is sorted you'll be going to the Citizens Advice Bureau to discuss the legal ramifications of withholding rent. Basically, unless you hassle the bloke, he'll do nowt. Link to comment Share on other sites More sharing options...
Tom 13921 Posted December 13, 2006 Author Share Posted December 13, 2006 Aye weve been on to him like, He's known as long as we have, sent one plumber last week and the guy stayed for an hour done nowt then fucked off, its sorted now like but i want my last months rent sorted like Link to comment Share on other sites More sharing options...
Gemmill 36677 Posted December 13, 2006 Share Posted December 13, 2006 You want last month's rent back? Link to comment Share on other sites More sharing options...
Tom 13921 Posted December 13, 2006 Author Share Posted December 13, 2006 You want last month's rent back? Nah im just not going to pay him it... Or at least thats the plan, some guy reckons i can only take 10% off Link to comment Share on other sites More sharing options...
Gemmill 36677 Posted December 13, 2006 Share Posted December 13, 2006 You might want to talk to him first and come to some sort of agreement. Or at least inform him how much you're withholding and why. There's no sense just short-paying and telling him after as he'll think you're just making an excuse up for being short on your rent. Link to comment Share on other sites More sharing options...
Tom 13921 Posted December 13, 2006 Author Share Posted December 13, 2006 Yeh were going to get some legal advice on th ebest way to handle it, Theres a place in college we can go, im not going to go crazy with it, Half rent would be fair? Link to comment Share on other sites More sharing options...
manc-mag 1 Posted December 13, 2006 Share Posted December 13, 2006 Yeh were going to get some legal advice on th ebest way to handle it, Theres a place in college we can go, im not going to go crazy with it, Half rent would be fair? If he didnt provide you with heat in winter for a whole month then the place was probably prejudicial to your health and really wasnt fit for human habitation. Thats a big breach on his part, but the solution still requires tact and diplomacy. I seriously think you need someone else to do the negotiation on your behalf as you sound like you'd perform like a complete mong on the day. No offence, like. Link to comment Share on other sites More sharing options...
Tom 13921 Posted December 13, 2006 Author Share Posted December 13, 2006 Yeh were going to get some legal advice on th ebest way to handle it, Theres a place in college we can go, im not going to go crazy with it, Half rent would be fair? If he didnt provide you with heat in winter for a whole month then the place was probably prejudicial to your health and really wasnt fit for human habitation. Thats a big breach on his part, but the solution still requires tact and diplomacy. I seriously think you need someone else to do the negotiation on your behalf as you sound like you'd perform like a complete mong on the day. No offence, like. Like who? Link to comment Share on other sites More sharing options...
Renton 18514 Posted December 13, 2006 Share Posted December 13, 2006 Yeh were going to get some legal advice on th ebest way to handle it, Theres a place in college we can go, im not going to go crazy with it, Half rent would be fair? If he didnt provide you with heat in winter for a whole month then the place was probably prejudicial to your health and really wasnt fit for human habitation. Thats a big breach on his part, but the solution still requires tact and diplomacy. I seriously think you need someone else to do the negotiation on your behalf as you sound like you'd perform like a complete mong on the day. No offence, like. Link to comment Share on other sites More sharing options...
Guest alex Posted December 13, 2006 Share Posted December 13, 2006 Link to comment Share on other sites More sharing options...
manc-mag 1 Posted December 13, 2006 Share Posted December 13, 2006 Yeh were going to get some legal advice on th ebest way to handle it, Theres a place in college we can go, im not going to go crazy with it, Half rent would be fair? If he didnt provide you with heat in winter for a whole month then the place was probably prejudicial to your health and really wasnt fit for human habitation. Thats a big breach on his part, but the solution still requires tact and diplomacy. I seriously think you need someone else to do the negotiation on your behalf as you sound like you'd perform like a complete mong on the day. No offence, like. Like who? Theres four more of you in your igloo isnt there? One of them! Seriously though I just get the impression from the way you've set out the details that you're a bit all over the place with it. If you want a decent amount back then you've got to be able to justify it and anticipate any of the arguments he might come out with. The bottom line is to be able to say how it affected your enjoyment of the property, for how long, and how this is a major breach of his side of the contract; In essence he has contracted to provide you with shelter, warmth, running water and sanitation. In return, you've contracted to pay him a certain amount for those things and, in your enjoyment of the property, to take adequate care of it. An unheated property particularly in winter would not be fit for human habitation. The Landlord will know this and will be aware this has certain legal implications but you want to be careful not to offend him by implying that he's renting out a slum. You need to strike the right balance by reasoned negotiation. Link to comment Share on other sites More sharing options...
Matty 0 Posted December 13, 2006 Share Posted December 13, 2006 Live in a flat, not a house. So much easier, problem solved. Link to comment Share on other sites More sharing options...
Guest alex Posted December 13, 2006 Share Posted December 13, 2006 Live in a flat, not a house. So much easier, problem solved. Bit of extreme solution like, moving that is. Link to comment Share on other sites More sharing options...
Renton 18514 Posted December 13, 2006 Share Posted December 13, 2006 Live in a flat, not a house. So much easier, problem solved. Bit of extreme solution like, moving that is. Don't see how it helps either, unless you can afford to buy it (which T-Keith obviously can't), and then you have a whole lot of other problems. Link to comment Share on other sites More sharing options...
Gemmill 36677 Posted December 13, 2006 Share Posted December 13, 2006 Yeh were going to get some legal advice on th ebest way to handle it, Theres a place in college we can go, im not going to go crazy with it, Half rent would be fair? If he didnt provide you with heat in winter for a whole month then the place was probably prejudicial to your health and really wasnt fit for human habitation. Thats a big breach on his part, but the solution still requires tact and diplomacy. I seriously think you need someone else to do the negotiation on your behalf as you sound like you'd perform like a complete mong on the day. No offence, like. Like who? Theres four more of you in your igloo isnt there? One of them! Seriously though I just get the impression from the way you've set out the details that you're a bit all over the place with it. If you want a decent amount back then you've got to be able to justify it and anticipate any of the arguments he might come out with. The bottom line is to be able to say how it affected your enjoyment of the property, for how long, and how this is a major breach of his side of the contract; In essence he has contracted to provide you with shelter, warmth, running water and sanitation. In return, you've contracted to pay him a certain amount for those things and, in your enjoyment of the property, to take adequate care of it. An unheated property particularly in winter would not be fit for human habitation. The Landlord will know this and will be aware this has certain legal implications but you want to be careful not to offend him by implying that he's renting out a slum. You need to strike the right balance by reasoned negotiation. While you're at it you could ask him about your 0207 conundrum. Link to comment Share on other sites More sharing options...
Matty 0 Posted December 13, 2006 Share Posted December 13, 2006 Live in a flat, not a house. So much easier, problem solved. Bit of extreme solution like, moving that is. Not saying he should move, just that he should have never moved into a house in the first place. Link to comment Share on other sites More sharing options...
manc-mag 1 Posted December 13, 2006 Share Posted December 13, 2006 Live in a flat, not a house. So much easier, problem solved. Bit of extreme solution like, moving that is. Not saying he should move, just that he should have never moved into a house in the first place. As you say, problem solved. Link to comment Share on other sites More sharing options...
Renton 18514 Posted December 13, 2006 Share Posted December 13, 2006 Live in a flat, not a house. So much easier, problem solved. Bit of extreme solution like, moving that is. Not saying he should move, just that he should have never moved into a house in the first place. Eh? Heating never breaks down in a flat then? I know which I prefer. Link to comment Share on other sites More sharing options...
manc-mag 1 Posted December 13, 2006 Share Posted December 13, 2006 Live in a flat, not a house. So much easier, problem solved. Bit of extreme solution like, moving that is. Not saying he should move, just that he should have never moved into a house in the first place. Eh? Heating never breaks down in a flat then? I know which I prefer. Aye. Houses with stained glass windows. Link to comment Share on other sites More sharing options...
Matty 0 Posted December 13, 2006 Share Posted December 13, 2006 Live in a flat, not a house. So much easier, problem solved. Bit of extreme solution like, moving that is. Not saying he should move, just that he should have never moved into a house in the first place. Eh? Heating never breaks down in a flat then? I know which I prefer. Most flats, especially ones at Uni, have 24hours a day on the site repair men to ring to fix the problem the same day. In a house, it's left to you, or a lazyarse lanlord. Link to comment Share on other sites More sharing options...
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