Can I withhold rent if my landlord won't do repairs?

Direct Answer

No. You do not have a right to withhold rent because your landlord has not done repairs. If you stop paying, you go into arrears, and rent arrears is one of the main reasons a landlord can take you to court and evict you. Your landlord cannot evict you for complaining about repairs or for making a disrepair claim, but they can evict you for owing rent. So withholding rent can turn a repair problem into a much bigger problem. There are safer ways to make your landlord act, and they do not put your home at risk.

Why withholding rent is risky

If you withhold rent, your landlord may start possession proceedings against you. Even if you are right that the repairs are their job, the rent is still due, and a court looks at the arrears separately.

If you owe less than 13 weeks of rent, a court can take your circumstances into account before deciding whether to evict you. If you owe 13 weeks or more, the court has much less room to help you. That is why stopping your rent is dangerous, the arrears can build up fast.

The "repair and deduct" route

There is one narrow, legal way to use rent for repairs, but it is risky and you must follow each step carefully or you put your tenancy at risk:

1. Report the repairs to your landlord in writing and give them a reasonable time to act. Keep a copy.
2. If nothing happens, write again saying you will arrange the work yourself unless they do it. Keep a copy.
3. Allow more reasonable time. If still nothing, get three written quotes from properly qualified contractors.
4. Send the quotes to your landlord with a final deadline, for example two weeks, and warn that otherwise you will do the work and take the cost from your rent.
5. Only if they still do nothing, you can have the work done and deduct the actual cost from future rent (not from service charges). Send your landlord a clear breakdown.

If you go this route, you are responsible for the quality of the work. If a contractor you hired does a bad job, that is on you to put right. For most tenants this is more trouble and risk than it is worth.

The safer way to force repairs

You usually do not need to touch your rent at all:

• Report the hazard in writing and keep a copy. This starts the Awaab's Law clock. Your landlord then has fixed deadlines: 24 hours for an emergency, and for a serious hazard 10 working days to investigate, 3 working days to send you a written summary, and 5 working days to complete the safety work (Section 10A of the Landlord and Tenant Act 1985).
• Make a disrepair claim. This does not affect your rent or your tenancy. It can get the repairs done and claim compensation for the time you lived with the problem. Keep paying your rent while the claim runs.

Get help

If your landlord is not doing repairs, call Support for Tenants free on 0800 030 4669 for an honest check on whether you have a claim. Keep paying your rent in the meantime. See also can I be evicted for complaining about disrepair.

Free alternative: Citizens Advice can talk you through your options at no cost.

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Awaab's Law: guidance for social landlords (GOV.UK)
• Housing Act 1988 (legislation.gov.uk)