Quarter of a million tenants withhold rent as punishment for taking too long to make urgent repairs - but are they breaking the law?

  • Tenants receive differing service depending on how property is managed
  • Renters have to wait until working hours to report broken heating

By Lee Boyce

PUBLISHED: 05:51 EST, 6 December 2013 | UPDATED: 10:48 EST, 6 December 2013

A quarter of a million private tenants a year are withholding rent money from their landlords because of delays resolving emergencies such as boiler faults and heating problems, research has found.

One in three tenants have faced a home emergency in the last 12 months with the most common problems being central heating faults, boiler problems and blocked sinks/drains, according to emergency call-out firm Homeserve.

Of this number, 11 per cent took the extreme step of refusing to pay rent because their landlord had taken an ‘unacceptable’ time to deal with repairs while nearly half said they would be willing to take this measure in the future if it happened to them.

Boiling point: According to data, 250k tenants have refused to pay rent because of slow emergency repairs

Boiling point: According to data, 250k tenants have refused to pay rent because of slow emergency repairs

According to the data, only one in three tenants said urgent problems were dealt with in the same day while 23 per said they were left in limbo for more than a week.

Tenants can receive wildly differing service from their landlord depending on how the property is managed.

The research found that 34 per cent of landlords say they undertake all aspects of managing the homes in their portfolio themselves – with 32 per cent using a managing agent.

Separate figures suggests there are 1.28million landlords whose portfolios are partly or entirely self-managed and of this figure, some 45,000 own five or more properties.

 

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Two in five tenants say their landlord arranges the engineer on their behalf, while one in five say their landlord actually looks to carry out repairs themselves.

As a result, one in three tenants report having to wait until working hours to contact their landlord to resolve their problem.

TOP TEN: TENANT EMERGENCY CALL OUTS

1. Central heating fault - 15%

2. Boiler fault - 14%

3. Blocked sinks - 13%

4. Blocked drains - 10%

5. Leaking taps - 7%

6. Blocked toilets - 6%

7. Leaking pipes - 5%

8. Pest problem - 5%

9. Electrical fault - 2%

10. Other - 2%

Jonathan King, chief of Homeserve, said: ‘Most landlords are responsible and responsive to their tenants’ needs.

'But it’s clear that with many determined to manage their properties themselves, either to ensure the quality of the job done or to manage costs, this is creating dissatisfaction among some tenants.

‘Home emergencies can be a hassle to resolve, for landlords and tenants alike. And tenants’ feeling they have to take the extreme step of withholding rent is in no one’s interest.’

The research also showed that with the rental market booming, particularly in London, tenants feel that their landlords should offer more.

Eighty-one per cent of tenants expect dealing with home emergencies should be a key part of the service landlords offer, with nearly two thirds want 24/7 service from them.

Yet 29 per cent believe their landlord was unable to take the hassle out of dealing with a home emergency – and 41 per cent feel their letting agent failed to make things any easier.

The data comprised of 4,000 private tenants and 5,087 landlords.

Homeserve - which provides emergency home repairs and commissioned the research - was rocked by a mis-selling scandal two years ago with an investigation from the Financial Conduct Authority still ongoing.

The Daily Mail reported last month that Homeserve continues to lose customers in the UK – the number of people signed up to it fell from 2.5million to 2.2million during the year – and it is still ramping up its internet operations to compensate for the lack of cold-calling.

Fed-up: One in three tenants have faced a home emergency in the last 12 months - but should they really withhold rent?

Fed-up: One in three tenants have faced a home emergency in the last 12 months - but should they really withhold rent?

Should tenants withhold rent for 'slow' repairs?

With winter fast approaching, a problem such as a heating breakdown or boiler fault can be a real headache for tenants. There's nothing quite like having to take an icy shower in December.

How long should landlords take to repair an emergency? And can tenants withhold rent if they feel repairs are taking too long?

Chris Norris, head of policy at the National Landlords Association, said: ‘Assuming that the tenants in questions are subject to a standard Assured Shorthold Tenancy (England and Wales) then they do not have a right to withhold rent in response to needed maintenance or disrepair.

‘There are certain, limited, circumstances in which a tenant may undertake work themselves using rent money to cover the cost. However, this is a very complicated area and they should not do so without receiving qualified advice.

‘However, landlords have a legal obligation to respond to requests for maintenance in a timely manner, appropriate to the type of issue.

‘This can vary, but should be reasonable given the urgency of the repair needed and how soon an appropriate contractor etc. could be expected to be appointed and begin work.

‘Something like a boiler repair, particularly in winter, will be considered an urgent repair and should be treated accordingly.

‘Although there is no definitive time limit the courts tend to consider how long a homeowner would take to rectify the situation and assume that up to a few days is reasonable – assuming that there are not complications waiting for parts etc.’

So tenants suffering at the hands of a landlord refusing to carry out an urgent repair must still pay their rent, but could pursue a claim in the small claims court for the rent.

 
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Hello Everyone, I'm Ashley Taylor a resident/citizen of the United States of America.I am 52 years of age an entrepreneur/businesswoman. I once had difficulties in financing my project/business.If not for a good friend of mine who introduced me to Mr. Zack Arnold who is a money lender to get a loan worth $250,000 USD from his company. When i contacted them it took just 48 hours to get my loan approved and transfer to my account after meeting all their modalities a set forth in their loan agreement/terms and conditions. Even if you have bad credit they still offer there service to you. They also offer all kinds of loan such as Business loan,Home loan,Personal loan,Car loan,Loan for Business start up and Business Expansion.If you need an urgent financial assistance you can contact them today via this email(zackloancompany@yahoo.com) i don't know how to thank them for what they have done for me but God will reward Mr Zack Arnold mightily. Thanks.

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Hello Everyone, I'm Ashley Taylor a resident/citizen of the United States of America.I am 52 years of age an entrepreneur/businesswoman. I once had difficulties in financing my project/business.If not for a good friend of mine who introduced me to Mr. Zack Arnold who is a money lender to get a loan worth $250,000 USD from his company. When i contacted them it took just 48 hours to get my loan approved and transfer to my account after meeting all their modalities a set forth in their loan agreement/terms and conditions. Even if you have bad credit they still offer there service to you. They also offer all kinds of loan such as Business loan,Home loan,Personal loan,Car loan,Loan for Business start up and Business Expansion.If you need an urgent financial assistance you can contact them today via this email(zackloancompany@yahoo.com) i don't know how to thank them for what they have done for me but God will reward Mr Zack Arnold mightily. Thanks.

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Hello, I am Malissa Delh, currently living in New jersey city, USA. I am a widow at the moment with three kids and i was stuck in a financial situation in April 2014 and i needed to refinance and pay my bills. I tried seeking loans from various loan firms both private and corporate but never with success, and most banks declined my credit. But as God would have it, I was introduced to a Man of God a private loan lender who gave me a loan of $85,000USD and today am a business owner and my kids are doing well at the moment, if you must contact any firm with reference to securing a loan without collateral , no credit check, no co signer with just 2% interest rate and better repayment plans and schedule, please contact Mr James Lewis. He doesn¿t know that am doing this but am so happy now and i decided to let people know more about him and also i want God to bless him more.You can contact him through his email: lewisloancompany@yahoo.com

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Hello, I am Malissa Delh, currently living in New jersey city, USA. I am a widow at the moment with three kids and i was stuck in a financial situation in April 2014 and i needed to refinance and pay my bills. I tried seeking loans from various loan firms both private and corporate but never with success, and most banks declined my credit. But as God would have it, I was introduced to a Man of God a private loan lender who gave me a loan of $85,000USD and today am a business owner and my kids are doing well at the moment, if you must contact any firm with reference to securing a loan without collateral , no credit check, no co signer with just 2% interest rate and better repayment plans and schedule, please contact Mr James Lewis. He doesn¿t know that am doing this but am so happy now and i decided to let people know more about him and also i want God to bless him more.You can contact him through his email: lewisloancompany@yahoo.com

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My window was smashed last Friday and it's will be a week tomorrow since it was smashed, the company Athena got a guy out to border the window last Saturday but said he will not be back until Friday to fix the window, I fill unsafe in my home with wood covering the window! It's not right I have called the company Athena and the receptionist says I will get someone to call you back but they never do! Should I not pay the whole of my rent for the inconvineace this has caused me and my family?

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i have been renting my property off a eastate agents in glasgow called Infinity i have a contract off 6 months i have lived here since november 2013 i moved in with faults off (no household waste bin they said they would get me one on november still havnt got it a keep asking evry month) (liveroom gas fire was condembed. still havnt been repaired) (shower in bathroom has still no been repaired) (kitchen work top is flaking behind the sink) am a entited to hold my rent back i get charged £25 per day if it isnt paid on time. am aloud to brake my contract and move out the property.. i also have a garnter does that affected him in anyway as would like my son getting charged HELP PLEASE THANKS IN ADVANCE

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In October 2012 I notified my landlord through the agents there was damp in my second bedroom. The damp spread right down the wall and turned green. In June 2013 the repairs on the outside were done. Inside repairs started in early December, but they never came back. On Christmas eve I found a further leak. Since then I found further evidence of leakage. This was inspected this week, but when this is dealt with I have no idea. In the meantime I have not been able to use that bedroom since Oct 2012. My son has to sleep in the living room. I have paid my rent by standing order every month without fail. Can I claim for the loss of use of this room off my rent? I have given up and will be moving, but I expect the landlord will find lots of grounds for withholding my deposit!

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If you rent through a reputable letting agent, they will be your first point of contact. They will know what is reasonable and what is not. Whilst not condoning the withholding of rent, if a genuine repair is needed and has not been done, it might be possible to negotiate the cost of repair out of the rent in some circumstances. Being a landlord, and knowing some horror stories about some tenants, I can imagine the scenario of someone breaking something like a toilet through sheer carelessness or drunken stupidity, and then expecting the landlord to appear like magic in the middle of the night to repair it.

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My advice to tenants is to find a good landlord and stick with him. My advice to landlords is to find a good tenant, stick with them and take good care of them by ensuring repairs are completed promptly and give them a discount on the rent against the going rate. The bad tenants and the bad landlords can get on with it.

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I'm a tenant and have ALWAYS paid rent on the dot every time. The letting agent still after ONE MONTH ( it's a high street chain) has not actioned the work for leaks and a fallen curtain rail off the cheaply done wall as the wall suffered from damp previously. No curtain for bedroom. I sent email with photos in depth also. I'm running out of patience here. What can i do? It seems like I should pay for it myself and part pay rent.....?!?!?

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A curtain rail fallen off? Are you for real? This would come under tenant caused damage and be up to you to resolve, unless you live in sheltered accommodation.

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