Home Repairs Repairs for private tenants Withholding rent for repairs
 
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Withholding rent for repairs Print E-mail

Get advice from Housing Rights Service if you are thinking of withholding your rent because your landlord won't carry out repairs. If you don't follow the correct procedures, you could face eviction.


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 there is no tenancy agreement, or if it is unclear about repairs, certain repairing obligations may apply. Your local council may be able to help you get your landlord to carry out repairs .

Get advice from Housing Rights Service on 028 9024 5640 if you are considering withholding rent as it is complicated and you risk being evicted for non-payment of 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 a statement of this separate account every time you would normally have paid your rent.


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.


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 you have evidence of problems that you have experienced during your tenancy, 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.


What if my landlord puts the problem right?

If your landlord carries out the repairs you will have to pay back the withheld rent. You may 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.

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Housing Rights Advice NI

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This site deals with Northern Ireland only.

Useful numbers

Housing Rights Service 028 9024 5640

Mortgage Debt Advice Service 0300 323 0310

NIHE General Enquiry line 03448 920 900

NIHE Repairs Line 03448  920 901

NIHE Housing Benefit Line 03448 920 902

Simon Community Homeless Line 0800 171 2222

 

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