Snowflake
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No, I don't recommend it.
He can get you in trouble for doing it.
It is his responsibility to do the repairs. It is your responsibility to pay the rent. His failing his responsibility doesn't give you a legal ground to fail yours. He might get you evicted (in the extreme case). I'd suggest to talk to him and settle it with him. Maybe he'll accept it as a deal. |
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Frank M
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How much money are we talking about? Is it really worth it? |
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kntsmaid69
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I live in Canada and I know that you absolutely cannot do that. You must apply to the rental tribunal, still pay the rent but pay to the tribunal who will hold it in trust (meaning the landlord/ owner will not recieve the monies until the problem is rectified) There is also small claims court to resolve such issues. Holding off on paying rent is a breach of your rental agreement and could result in eviction. Hiope this helps... |
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Lewiy
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It depends what the service is. Generally you cannot deduct rent for any reason as by law it is considered to be a seperate entity to anything else.
However, if it is some sort of maintenance that is required for which the Landlord is responsible under section 11 of the Landlord & Tenant act 1985 (i.e. electric/gas/water supply, drains/guttering, water heating, etc) then, if the Landlord does not repair this himself, you may get the work done and withold the cost of this from your rent.
If your Landlord has promised to pay for something which he is not obliged to pay for and it is not in your tenancy agreement then you may have problems actually getting this service but you cannot withold rent. |
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Chicky-Dee
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You should talk to him, it is not illegal for you to withold rent, which is different from not paying it, if you write to him (get everything formal), request he sort out the repairs (give him say 2 weeks if that is reasonable time), and your threat is, if the repairs are not done within that time, then you will withold any rent payments until repairs have been fixed.
and i think you will find CAB will say the same thing - been there!!
However once the repairs have been done you will need to pay all that is owed so don't go spending it"!! |
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Andrew O
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Your tenancy agreement should spell out what the landlord's responsibilities are. If the repair is part of his/her responsibilities, you can take out the cost of repairs from rent due to him/her |
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BoomChikkaBoom
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Was this promise to pay in writing? Or in the ad for the apartment?
What does the landlord say when you ask about the service?
If you have proof, you can deduct the money and pay for it yourself. Be prepared for a possible fight, such as the landlord taking you to court for non-payment of rent of the amount you are deducting.
If you have proof the service was part of the deal, you should be ok. |
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*****
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Generally the law does NOT expect you to pay for anything you haven't received. |
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Maz
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I think you can, but if he takes you to court you have to prove to the court that you have withheld the monies and kept them in a apart and not spent it. The judge needs to see that you still have the monies available with the intention of paying it when the services have been done. |
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scfd524
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No you need to make that deal with him. Unless you have it in writing already, he can say that he never said he would do that then you could be evicted for not paying your rent. The name of the renting game it CYA!!! Cover Your A** |
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Piffle
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no u cant! |
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Franco
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You can deduct it from the rent IF you can prove he promised to pay you and that the charge was reasonable.
It will not be so easy. |
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Squeak
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If you have paid for a service to his house that he should pay for then yes, as long as you state what the shortfall is for. |
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Reagan
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NO NO NO!! If the service is something such as lawncare, you must have it in writing that he agreed to perform this service. It is his responsibility to maintain your rental property in a safe and working condition and you are not required to have proof of this. In both cases, it is your right to go to court and set up an escrow account. You pay your rent into the escrow account every month and your landlord recieves no monies from the property until the service or maintenance is complete. As long as you pay your rent, on time, to the escrow account every month your landlord cannot evict you for nonpayment of rent. |
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peterpeterpeter1981
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what cand if service was it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! |
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