Renting in Edin right now and the en suite has had a leaking shower for 4 months now. Lino has been taken up and there is mould on the walls. Looks a right state and smells of mould. Flat is also in the relatively top end of the Edin market so was paying not to have these issues.
Flat is a new build and as a result estate agent is forced to use the builders who put the place up and they are dragging their heals. To expedite this I am planning on withholding further rent and demanding compensation.
Am I going to get CCJs / bailiffs etc ?
Anyone know about "Withholding Rent" on a property
Anyone know about "Withholding Rent" on a property
W213 All Terrain
I assume you are renting through one of the larger agents and imagine you have signed a standard lease. A condition of that lease would be to pay the rent without any deductions, at least thats what ours say. I dont think it can go as far as CCJ's etc but i wouldnt recommend withholding all of the rent. Perhaps a deduction of say £100 until the problem is fixed as you have lost use of the room. Unfortuantely the property is likely to be under warranty and if not i will probably be an insurance claim. These from experience take ages and as the property wont be classed as uninhabitable then im pretty sure that you cant break your lease.
Ill have a word with my collegues tomorrow and get back to you to let you know for sure. Cheers Ed
Ill have a word with my collegues tomorrow and get back to you to let you know for sure. Cheers Ed
All I can say is - check your lease.
If there's nowt in there, write a letter to the letting Agent/Landlord saying that if they don't resolve the problem, you will be withholding rent. If they do nowt, at least you can fall back on that. Also, take photos of the mould/damp, and a vid of the leaky shower: best be prepared for the worst - i.e. you do end up in Court.
If they're going to take you to Court, if the sum is under £750 - it'll be in the Small Claims Court, where you can represent yourself. Worst comes to the worst there, you'll have to pay the outstanding amount, and £75 (max) of costs to the landlord (plus any interest on the outstanding amount). If the sum is £1,500+, that's Summary Cause Court and costs can escalate quite quickly there so best get some representation. However, I doubt a Sheriff would award Decree against you if you've done all you can to bring the state of the place to the Landlord's attention and in turn he/she has done nothing without reasonable excuse.
P.S. this is my opinion, not professional advice - no suey me plwease!
If there's nowt in there, write a letter to the letting Agent/Landlord saying that if they don't resolve the problem, you will be withholding rent. If they do nowt, at least you can fall back on that. Also, take photos of the mould/damp, and a vid of the leaky shower: best be prepared for the worst - i.e. you do end up in Court.
If they're going to take you to Court, if the sum is under £750 - it'll be in the Small Claims Court, where you can represent yourself. Worst comes to the worst there, you'll have to pay the outstanding amount, and £75 (max) of costs to the landlord (plus any interest on the outstanding amount). If the sum is £1,500+, that's Summary Cause Court and costs can escalate quite quickly there so best get some representation. However, I doubt a Sheriff would award Decree against you if you've done all you can to bring the state of the place to the Landlord's attention and in turn he/she has done nothing without reasonable excuse.
P.S. this is my opinion, not professional advice - no suey me plwease!
Cheers for all advice everyone, knowledgeable as always.
Went in to the Estate Agents yesterday (DJ Alexander) and spoke with them face to face. He called the builders and the landlord while there informing them both I was in the office and p1ssed and asked the landlord about compensation. Now bear in mind that the landlord is selling his portfolio in my block right now as a going concern...
Being a Sales man I took everything he said with a pinch of salt but he claimed to options to consider, rehousing us, sending in his contractors and billing the landlord who in turn bills the builders.
I will go in on Friday again and ask him his thought on what to do to pressure the landlord and if he would consider being an escrow agent to hold on to the rent and photos of the damage etc. until resolved. Rent is £700 pcm so guess it could quickly go past the small claims court.
Went in to the Estate Agents yesterday (DJ Alexander) and spoke with them face to face. He called the builders and the landlord while there informing them both I was in the office and p1ssed and asked the landlord about compensation. Now bear in mind that the landlord is selling his portfolio in my block right now as a going concern...
Being a Sales man I took everything he said with a pinch of salt but he claimed to options to consider, rehousing us, sending in his contractors and billing the landlord who in turn bills the builders.
I will go in on Friday again and ask him his thought on what to do to pressure the landlord and if he would consider being an escrow agent to hold on to the rent and photos of the damage etc. until resolved. Rent is £700 pcm so guess it could quickly go past the small claims court.
W213 All Terrain
It may depend on your lease but it may be worth having the repair done yourself and withholding the cost from your rental payment. In court if it came to that the finding should find in favour of the reasonable party. As you have had the repair carried out and are simply recouping the cost you would be reasonable the party dragging the heals on the repair would be less so.