Refraining to pay Landlord until something is fixed

im...LOST · 12-11-2010 9:22pm #1

Hey all,

I've been renting the house for a year and a month now and when we moved in (same people are still here) the electric shower wasn't working in the main bathroom. He said he'd fix it after we move in.

It's still not fixed and in order for us to have a shower, we need to put on the gas for 30mins and then use the shower in the en suite. Luckily, the room's owner doesn't mind us using it but it's starting to act up on us now so we barely have a working shower.

Are we allowed to tell the landlord that we won't pay him his rent until the main bathroom shower is fixed because honestly, it's the only thing that will work on him. He keeps saying that he'll do it.

Also, same deal with the downstairs toilet seat. There wasn't one when we moved in and he said he'd get us one. We are all lads so it's not a huge concern but it'd be nice, you know?

Thanks for reading my shpeel and advice is appreciated.

athtrasna · 12-11-2010 11:12pm

Basically there are no conditions under which you are legally entitled to withold rent...you have to pay and seek redress. A call to Threshold will reveal the best way to get your landlord to sort the problems, but the moral of the story is don't move in to a place until any issues have been sorted, don't rely on a landlord to do it after he has your money!

Xiney · 12-11-2010 11:13pm

no, you're not allowed to do that.

If you're completely against moving out, I would say that you should let him know that you're getting the shower fixed and deducting the repair cost from the rent.

That might make him move sharpish - proper sanitary facilities are a requirement of rental accomodation though, so you could also have the council inspect the property (or threaten him with that since he could get fined)

Truley · 13-11-2010 12:13am

Hi OP I'm in a similar situation. Our only shower broke a while back and we informed the letting agency immediately. But despite constant complains/reminders from us, and nothing but lame excuses from them it didn't get fixed and we were without a shower for four weeks. Legally I have no right to withold rent but at the same time they shouldn't let out a dwelling without working sanitary facilities. The fact that they dragged their feet about fixing a very basic problem (it literally took 15 mins to rectify) makes me feel like we have the upper hand. As in their illegal endeavor outweighs the illegality of ours, if that makes any sense?? Anyway we haven't payed rent for the duration of the problem and they haven't called us up on it yet.

In short you have no legal right to withold rent but I think you can get away with doing it. Your landlord is already in the wrong and this may give him a push to get on with fixing it.

mikemac · 13-11-2010 11:36am

Tell your landlord you'll get a tradesman and deduct the cost from the rent.

They might even be happy with that as it saves them doing it, once the quote is reasonable of course.

Win-Win

3DataModem · 13-11-2010 11:49am

I'm a landlord... if a tenant wanted to hire a tradesman for this job I'd be delighted. my only stipulation would be a qualified tradesman that provides a proper receipt.

Joey the lips · 13-11-2010 11:55am

Sorry for the slight side line here but whats wrong with the shower..

ie What type of shower is it,

Whats it doing that makes you think there is something wrong.

im...LOST · 13-11-2010 10:26pm

The one in the main bathroom has a little light on the front that lights up as being "overheated". It just sprays cold water, no hot. It's a completly electric shower so it's nothing to do with the fact that we don't have hot water already.

The other one is just very weak and when you turn the water to the hottest, the water is not as hot as it is when it's coming straight out of the taps.

Thanks for the help lads.

cozzie55 · 13-11-2010 10:44pm

I had this problem with my landlord 9 months ago. Our shower broke and it took him 3 weeks to fix it. He kept saying he'd call and take a look and it and get someone in to fix it but this never happened. In the end we threatened to withhold the rent until the shower was fixed per email.
The next day a tradesman arrived and had the shower working within a few hours.

On another occasion, when we moved in, the gas had to be reconnected to the house, the landlord said he'd pay for this. A month later it was approaching winter and we told him we would pay the reconnection and would deduct it from the rent. And he agreed to this.

I think your best bet is to tell him, it has to be fixed by him or else you will employ a tradesman to do it and deduct it from the rent. If he doesn't agree to this then withhold your rent for a month. At least if he calls you up on it in the future you have been seen to offer him a choice. Just make sure to email him and save the all your emails to and from him as proof.

On saying all this I moved out 6 months ago and the landlord still hasn't returned our deposit. Not to mention the expense of the solicitors letters that have resulted. I think its cause he didn't like our cheek

woolymammoth · 14-11-2010 12:16pm

seriously, how did you manage to let this go unfixed for a year and one month? Why aren't you calling him every day until it gets fixed, instead of squirming around here asking if it's ok to do this or that? If it were me, i'd be threatening a breach of conditions and make my escape plan, say you're all moving out next month. He's obliged to fix these things in the house, you pay enough rent for it, or maybe you prefer to throw your money away. You need to start twisting his arm OP, and there are better ways to do that than withholding rent. You need to make him realise this is a big problem for him, not start a fight.

My advice to you, since you asked for it, is to toughen up princess, and pick up the phone.

Graces7 · 14-11-2010 3:47pm

woolymammoth wrote: »

seriously, how did you manage to let this go unfixed for a year and one month? Why aren't you calling him every day until it gets fixed, instead of squirming around here asking if it's ok to do this or that? If it were me, i'd be threatening a breach of conditions and make my escape plan, say you're all moving out next month. He's obliged to fix these things in the house, you pay enough rent for it, or maybe you prefer to throw your money away. You need to start twisting his arm OP, and there are better ways to do that than withholding rent. You need to make him realise this is a big problem for him, not start a fight.

My advice to you, since you asked for it, is to toughen up princess, and pick up the phone.

Gee... You could get a job trouble shooting for tenants.

Our last place; the toilet was not fastened to the floor.. when the inevitable flood happened, the landlord brought in the local plumber.. also the school bus driver - who said the floor was too wet for him to fix the toilet, and that was the last we heard of that repair. It gets too much hassle in the end for many .

woolymammoth · 14-11-2010 4:21pm

Graces7 wrote: »

Gee... You could get a job trouble shooting for tenants.

umm.. not sure if this is a compliment or a criticism! I'll take compliment! :pac: If people come here to be mammy'd and told 'everything's gonna be OK pet!', they come to the wrong place. I know many people have genuine problems and need a sympathetic ear, but this is pathetic!

Graces7 wrote: »

It gets too much hassle in the end for many.

:rolleyes: It's very easy. And i understand that some people are not into confrontation. But it's your money, nobody else will look after it for you, they just want to take it from you. You wouldn't buy a house with these sort of problems, so why would you rent, or continue to rent one? If the OP happened to have a 1 year lease like many places do, he's well out of that now and should be looking elsewhere already. Landlord will soon cop on to the fact that the cost of repair is much less than the cost of an empty house.

people might not like to hear tough love, but they sure as hell need it.

Graces7 · 15-11-2010 3:27pm

woolymammoth wrote: »

umm.. not sure if this is a compliment or a criticism! I'll take compliment! :pac: If people come here to be mammy'd and told 'everything's gonna be OK pet!', they come to the wrong place. I know many people have genuine problems and need a sympathetic ear, but this is pathetic!

:rolleyes: It's very easy. And i understand that some people are not into confrontation. But it's your money, nobody else will look after it for you, they just want to take it from you. You wouldn't buy a house with these sort of problems, so why would you rent, or continue to rent one? If the OP happened to have a 1 year lease like many places do, he's well out of that now and should be looking elsewhere already. Landlord will soon cop on to the fact that the cost of repair is much less than the cost of an empty house.

people might not like to hear tough love, but they sure as hell need it.

Well OK!! Gee!

I guess you are in a city; rural tends to be not so easy especially if you are on RA and there is nothing much available .

Well anyways; after being served an illegal eviction notice, we left. Was the easiest thing to do really; left a full written report etc etc etc. And paid no rent the last weeks to avoid hassle re the deposit.

woolymammoth · 15-11-2010 3:51pm

Graces7 wrote: »

I guess you are in a city; rural tends to be not so easy especially if you are on RA and there is nothing much available

touché fair lady! my wrists are slapped!

i assumed based on a couple of lads in a house and a gas connection that they're at least in an urban area. But you're right, in a rural area it's not so easy to look elsewhere. Tenants still have rights though, and are entitled to have these kinds of things repaired. They should never have let it carry on for over a year.

Victor · 15-11-2010 4:40pm

im...LOST wrote: »

The one in the main bathroom has a little light on the front that lights up as being "overheated". It just sprays cold water, no hot. It's a completly electric shower so it's nothing to do with the fact that we don't have hot water already.

The other one is just very weak and when you turn the water to the hottest, the water is not as hot as it is when it's coming straight out of the taps.

Thanks for the help lads.

That sounds liek a simple matter of someone having turned off a valve somewhere.

Susie_Q · 17-11-2010 1:47am

I had a similar problem in my last house-share; the cooker broke and the landlord kept saying he would repair/ replace it. After 2 weeks without a cooker (!) I told the landlord I had ordered a new cooker from DID and would be deducting the cost from future rent. He then had a replacement cooker over to us within the afternoon and I cancelled my order.

Definitely worth going down this route, landlords will respond if they think they will lose money.

dario28 · 17-11-2010 4:19pm

Have you made a decision ?

Were in the same boat ,have a load of things wrong with the house, biggest problem is gas fire giving off carbon monoxide - other smaller issues as well , doors and windows have wind howling in through them , freezer door opens when it feels like it , some radiators not working.

Rang and mailed them to report the problem's no word back , that was last month , I thought by not paying the rent they would ring looking for the cash and I could get them to sort the problems but not a word since and it rent time again next week

The people I rent from have gone to NAMA so maybe they cant be bothered , I dont know

May as well earn interest in my account until they ring !

Refraining to pay Landlord until something is fixed

Comments