View Full Version : Tenants - when can they legally withhold rent?


SHsheff
28-07-2008, 19:36
I have at the back of my mind somewhere that assured shorthold tenants cannot withhold rent just because they're in dispute with the landlord because eg they had to take a day off work due to a burst water pipe (which he repaired the same day).

Is anyone able to point me in the direction, please, of the relevant law? I've looked, and can't find what I'm looking for..

Thanks! :thumbsup:

Loops
28-07-2008, 20:04
Hi there

I cant recall anything that says a tenant can automatically withhold their rent under any circumstances, however if a tenant withholds their rent due to disrepair and follows a procedure that was taken to court - case was someone V Issett (or spelt Izzet) this is a long drawn out procedure and all this does is that if landlord uses mandatory ground to evict due to rent arrears if the procedure is followed that gives a valid defence but of course a landlord can sometimes evict a tenant in other way.

Hope this helps!

Lou

JB-Property
28-07-2008, 20:08
I advise a quick visit to http://www.landlordzone.co.uk/forums/ I'm sure the folk there would be able to help. To my mind tenant can't legally withhold rent for something like this although a landlord might in all fairness want to play nicely and offer some gesture of goodwill for inconvenience

Loops
28-07-2008, 20:15
Ahh remembered the case - its Lee Parker V Issett this case defined the procedure for witholding any future rent for disrepair.

SHsheff
28-07-2008, 21:13
Ahh remembered the case - its Lee Parker V Issett this case defined the procedure for witholding any future rent for disrepair.

I've tried Googling this, but got nowhere.Any other clues please? :)

SHsheff
28-07-2008, 21:15
Hi there

I cant recall anything that says a tenant can automatically withhold their rent under any circumstances,

No, neither can I! However, I also can't find the point of law that says that they can't.....???