How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6044
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

if my landlord is not assisting in maintaining the property,

Customer Question

if my landlord is not assisting in maintaining the property, am I ok to withold my rent until the maintenance has been carried out? Will this be subject to charges if I have waited 3 1/2 months for him to respond
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Thank you for your question.

You can withhold rent only provided you follow a very specific procedure and usually I would advise this as a last resort given that if you do not follow the procedure you can potentially grant you landlord the right to terminate your tenancy for non-payment of rent. This website provides information about the procedure with standard letters:-
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_social_housing/withholding_rent_over_repairs


In the first instance you should again formally write to the the landlord specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time you will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.

If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: www.moneyclaim.gov.uk


Its pretty cheap and straightforward to use. I always advise this way foward rather than withholding rent because of the reason outlined above (putting your continuing occupation in jeopardy).

If the state of repair (particularly damp) is very bad then you should contact the local authority environmental health department and ask them to send an officer round. If the state of the property is bad he will issue an enforcement notice against the Landlord to carry out works and this may prompt him in to making the repair. If he finds it unfit for human habitation then he will declare it as such and you will be able to terminate your agreement with the landlord on the basis of this breach.

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6044
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Thats great

 

The rent has now been paid to reduce the risk of the tennancy being terminated.

Am I within my rights to not pay the late charges/court charges that he is now claiming have been added?

Expert:  Thomas replied 4 years ago.

Morning,

 

Thanks for your kind accept, has he confirmed what the charges relate to?

 

Is there are specific right in the tenancy agreement to make these charges?

 

Why do you mention Court charges, has the Landlord issued a claim?


Kind regards,

 

Tom

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8154
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8154
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    4351
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3849
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2581
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    321
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24307
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6444
    LL.B (Hons), Higher Prof. Dip. Law & Practice