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UK Legislation states that a Tenant is not allowed to withhold rent by claiming defects in a property. Can you please let me know the actual reference which refers to this. i.e what I could quote to confirm the Tenant is not entitled to withhold rent. I need to know the exact reference in UK Law, generalisation is not what I am looking for
My problem is I am taking them to court and often County Court Judges do not always make decisions in accordance with the law. I have experienced this before and taken it to the High Court where the High Court Judge had no problem finding in my favour and criticised the County Court Judge for being wrong in fact and in Law. (not quite the same problem.) I need to know what to say to the County Court Judge to persuade him that they can not lawfully withhold the rent.
Just as an aside these Tenants are claiming that a Council Environmental Officer said it was not in a fit state. The Officer however says she never did say that and did not consider there was any grounds for withholding rent and that if she had considered it not fit then she would have issued a repairs notice or seven day notice. That does not stop them making the claim in court.
Thank you. What if he said " Yes but I consider they should be entitled to a reduction in rent
No they are claiming they have not paid three months rent because they claim the property was uninhabitable. Totally not true as witnessed by Council representative. She cannot get involved apart from telling me she told them they must pay the rent and that there is no way the property was in an uninhabitable state.
Thank you I will try with those answers. One last thought , could the Judge say he will award them damages if he believed them ?