Withholding rent over repairs
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Council and housing association tenants can only use their rent money to pay for repairs if they follow the correct procedure. It might be an option if your landlord won't carry out repairs or is being unreasonably slow in doing them. But it is risky.
It is important to remember that you don't have the right to withhold rent. If you do the landlord might try to evict you. It is not recommended. If you do stop paying rent, keep the rent money in a separate bank account so you can pay off the arrears immediately if you have to.
Can I do this if I am claiming housing benefit?
You do not have the right to withold rent if you are a council tenant.
If you are a housing association tenant, tell the housing benefit department what you are doing, and ask them not to make payments directly to your landlord. Your payments might be suspended temporarily until the issue is resolved. You may want to talk to an adviser about your situation before doing this.
How easy would it be for the landlord to evict me?
This depends on the type of tenancy you have. If you have limited rights and the repairs are not essential, it may be better to live with things as they are, and to get the repairs done in another way.
If you have an introductory tenancy or a demoted tenancy, you can be evicted much more easily than secure tenants. Similarly, if you rent from a housing association, you can be evicted much more easily if you have an assured shorthold tenancy as opposed to an assured or secure tenancy. Do not start withholding rent until you have spoken to an adviser about your situation. Use our directory to find one.
Whatever type of tenancy you have, it is essential to follow the correct procedure (see below).
What is the procedure?
You must follow a specific procedure if you want to pay for repairs and take the cost out of your rent. Otherwise, your landlord can evict you.
Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when. We've produced a series of sample letters, which may be helpful.
The process is as follows:
- Step 1: report the repairs to
the landlord in writing and allow time for them to be done.
(We’ve produced a
sample letter telling your
landlord about the repairs that you
can adapt.) Keep a copy - Step 2: write to your landlord again,
explaining that you intend do the work yourself and take the costs out
of your rent unless the repairs are done within a certain time (eg two
weeks). See our sample letter telling your
landlord you plan to do the repairs that you
can adapt. Keep a copy
- Step 3: once this time has passed, get three quotes/estimates for the work from reliable contractors
- Step 4: send the quotes to your landlord
with a letter explaining that you are going to go ahead with the
cheapest quote unless your landlord arranges for the repairs to be done
within a certain time (eg a further two weeks). See our sample letter giving your
landlord quotes for the repairs that you
can adapt. Keep a copy
- Step 5: once this time has passed, if your landlord hasn't responded, arrange for the work to be done by the contractor that gave the cheapest quote
- Step 6: pay for the work yourself and send
a copy of the receipt to your landlord, asking them to refund the
money. See our sample letter asking your
landlord to pay for the repairs that you
can adapt. Keep a copy
- Step 7: if your landlord does not give you
back the money, write and confirm that you are going to deduct the
money from your future rent. Explain exactly when the deductions will
start and how long you will withhold rent for. See our sample letter telling your
landlord you will be deducting money from your rent that you
can adapt. Don't forget to keep a copy.
Will I be responsible for the quality of the work?
Yes. Make sure the repairs are carried out properly. If you carry out or arrange repairs that are done badly, you'll be legally responsible for putting right any damage caused.
