If you are living in a rented property that is in serious disrepair, you may be wondering if you have the right to withhold your rent until the necessary repairs are carried out. Although it may seem like a reasonable action to take, withholding rent without following the correct legal process can put you in risk of eviction. In this article, we’ll explain your rights as a tenant, what steps you should take, and whether withholding rent is a legally viable option.

Your Landlord’s Responsibility for Repairs

Under the Landlord and Tenant Act 1985, landlords are legally required to keep their properties in a safe and habitable condition. This includes:

• The structure and exterior of the property (e.g., walls, roof, windows, and doors) are maintained.
• The plumbing, heating, and electrical systems are in proper working order.
• Any damp, mould, leaks, or infestations are addressed promptly.

If your landlord fails to carry out necessary repairs after being informed, you have the right to act.

Can You Legally Withhold Rent?

In most cases, you cannot legally withhold rent as a way to force your landlord to carry out repairs. If you stop paying rent, your landlord could take legal action against you for rent arrears and even seek to evict you.

What Should You Do Instead of Withholding Rent?

If your landlord is refusing to carry out repairs, here are safer legal alternatives:

1. Report the Issue to Environmental Health- If your landlord is ignoring your requests for repairs, you can contact your local council’s Environmental Health Department. They can inspect the property and take enforcement action if necessary.

2. Make a Housing Disrepair Claim – If the disrepair is severe and affecting your health, safety, or quality of life, you may be able to take legal action against your landlord. A housing disrepair claim can force your landlord to carry out repairs and compensate you for the inconvenience and any damage caused.

3. Contact the Housing Ombudsman – For housing association or council tenants, the Housing Ombudsman can investigate complaints and help resolve disputes between tenants and landlords.

4. Apply for a Rent Repayment Order – In extreme cases where the property is unsafe or in breach of housing laws, tenants may be able to claim a Rent Repayment Order (RRO), which can force the landlord to return some, or all of the rent paid during the period of disrepair.

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While it may be tempting to withhold rent when your home is in disrepair, doing so can put you at risk of eviction and legal action. Instead, follow the proper procedures, report the issues to the right authorities, and consider making a housing disrepair claim.

If your landlord is refusing to make the necessary repairs or ignoring your complaints, contact our specialist housing disrepair team on 01642 247656, email us at disrepair@watsonwoodhouse.co.uk or use our contact form, and we will call you back.