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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 813
Experience:  Solicitor with over 15 years experience.
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I am a tennent and pay a handsome amount of rent each never

Resolved Question:

I am a tennent and pay a handsome amount of rent each never late and same place for 5years. A year ago one of the showers started to leak and no hot water was available. 2 weeks ago the 2nd bathroom did the same. So I have no hot water to bathe. Am I within my right to withhold rent?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Have you told your landlord about these problems?

Customer: I have I contact with the landlord. Heis over seas and his property is being managed by a well established letting agent
Customer: Sorry that should say I have no contact details for the landlord
Customer: Hello are you still there
LondonlawyerJ :

Yes still here. Have you told the agents and if so when?

Customer: Told them a year ago when the first shower stopped working and then 3 weeks ago when the second shower stopped working. No hot water for 3 weeks in fact. I have asked for compensation but they seem to skirt over the issue. Ps the showers are still not fixed
LondonlawyerJ :

You should put it in writing and demand that they fix the defective showers. If you have a written tenancy agreement then look up the clause that requires them to keep you home in good repair and refer to that. If you do not have a written agreement then there is still an obligation on the landlord to repair the showers.

LondonlawyerJ :

What sort of tenancy do you have are you an assured shorthold tenant?

Customer: Yes assured short hold. I have been putting it in writing ( email) from the very first issue. Can I stop paying full rent until its fixed
LondonlawyerJ :

You have no right to withhold rent for this reason. If you are an AST and have been in the house for some time it may well be that you are a periodic tenant and the agent/landlord would be able to obtain possession on 2 month's notice. Withholding rent may trigger possession proceedings. You could threaten to bring proceedings seeking compensation for the disrepair and possibly seeking an order for repairs to be carried out. You will want this to be in the small claims court (to keep costs low and to avoid risk of having to pay the landlord's legal costs if you lose) and this will only be possible if the compensation sought is less than £1,000 and the cost of repair work is less than £1,000. If you do this there is a risk of possession proceedings being started. You are in a weak position I am afraid and your only practical remedy may be to leave.

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