|
In some circumstances you may wish to withhold your rent to try and force your landlord to do something, or because you have paid out money that the landlord hasn't reimbursed. However, this can be a risky strategy.
If you are thinking of withholding your rent, get advice first. If you don't follow the correct procedures, you could face eviction.
When is withholding rent an option?
You may wish to withhold rent to try to force your landlord to take action about something, such as repairs. If your landlord is failing to provide a service that you are paying for as part of your rent (for example cleaning, gardening or meals) you should only withhold the money covering that service.
Withholding rent is a risky and often ineffective way of asserting your tenancy rights. Get advice from Housing Rights Service before taking action.
Back to top
My landlord won't carry out repairs
You may be able to carry out the repairs yourself and deduct the cost from your rent. However, you must follow the correct procedure exactly and give your landlord a chance to carry out the repairs themselves. If you do not follow the correct procedure, you could be evicted.
Get advice from Housing Rights Service on 028 9024 5640 if you are considering withholding rent.
Keep the rent money separate
If you do decide to withhold rent, keep the money you should have been paying as rent in a separate bank account, because:
- it shows that you are withholding the rent to pay for repairs
- it proves you're not using the problem as an excuse to not pay rent
- it will help you keep track of how much rent you have withheld.
Give your landlord with a statement of this separate account every time you would normally have paid your rent.
You may be able to apply for a fitness inspection on the property if you believe that property is unfit and that property is not exempt from inspection.
Back to top
Will I risk eviction?
Before deciding to withhold rent, consider the risk of being evicted. Most tenants can be evicted if rent arrears have built up, regardless of the reason why the rent arrears exist.
Back to top
What if I get housing benefit?
If you are claiming housing benefit you should tell the Housing Executive what you are going to do. This will ensure that they do not agree to pay your landlord your housing benefit entitlement directly. If your housing benefit is already going directly to your landlord you should ask for this to be stopped.
Keep the Housing Executive informed of any changes to your situation. Get advice if you're receiving housing benefit and are thinking about withholding rent as you could end up losing out on benefits.
Housing Executive and housing association tenants can't withhold any part of their rent that's paid by housing benefit.
Back to top
What can my landlord do?
Your landlord has the right to evict you if you have rent arrears . This applies regardless of your tenancy type, although the rules your landlord must follow depend on the kind of tenancy you have.
If your landlord takes court action to evict you for rent arrears, you may be able to make a counterclaim at court . If this is successful, the judge reduces the amount of money you owe your landlord to compensate for the problems you have had.
Back to top
What if my landlord puts the problem right?
If your landlord decides to put the problem right, for example by improving services or carrying out repairs, then you will have to pay back the withheld rent. You should be able to keep some of the withheld rent to cover your costs if you have paid for something which is your landlord's responsibility.
|
Creditors Checklist (
