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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 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:-

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:

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,


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Customer: replied 6 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 6 years ago.



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,