Withholding Rent For Repairs

[Smowball]

The house we own and rent out needs a repair to an outside window arch - some of the stonework is loose. We have had a quote and it seems reasonable but the letting agents want to withhold all rent payments to us until the repair is completed. Can they do that??

[Mamyalynne]

As a rule of thumb I know tenants can't withhold, what does your contract with the Agent say?

[Smowball]

Trying to find it - think it’s in Mr Smows office. No they say they will collect from him but not pass onto us...

[dannyk13]

From Citizens Advice
//You don't have the right to withhold rent because of your landlord's failure to do repairs. If you withhold rent your landlord may start possession proceedings against you and put you at risk of eviction.//
It doesn't say whether this would apply to letting agent withholding it, but I would imagine that it is the tenants responsibility to pay rent.

[Smowball]

Hmmmmm, need to find this contract.

[Mamyalynne]

You do.

[ToraToraTora]

No they can't what a shower, just fire them. &*^%ing letting agents are bunch of leaching parasites, I hate the *******. Last time they tried that on me I went up there and closed my account.

[Smowball]

Oh really? thanks!

[david small]

Smow, find another agent, I most certainly would.

[Peter Pedant]

well you need the letting contract and not the lease
and yes you need to scutinise it

If everyone thinks the work should be done I would get on and do it.

Yes I think a change of agent after all this is over ( you're the one who has extended the lease to 6 mo innit) but there will alos be clauses in your letting contract about that ( and not very nice to you like they want a bung of such and such)

danny isa bout a tenant with-holding and NOT an agent
the stats on that ( which is not you ) is that 90% of leases where the tenant with holds reant at some point end in eviction ....
I am in the 10% ( she had gone on holz and 'rang up the council and they said I didnt have to pay rent for the time I was my hollies' ! - we settled and get on quite well now)

[Alonelywriter]

One way to get your landlord to fix bad conditions is to withhold all or some of your rent until the landlord actually makes the repairs. This is called "rent withholding." Tenants have a right to withhold rent because landlords are obligated to provide safe and habitable housing under the warranty of habitability.

[hc4361]

Tenants do not have the right to withhold rent and could be evicted for rent arrears.
This is not about tenants not paying - the tenants have paid the agent but the agent is not forwarding the monies to the landlord.

[hc4361]

Smowball, have you read the contract?

[teacake44]

Why have a middle man taking a bite of the cherry at all, so called agents have no more enforcement than you when things go wrong. You would be better off having the rent paid direct to you.
If on the odd time you have a legal problem with a tenant you could pay a property solicitor for 20/30mins advice, can't see why putting £10 month away to pay for this would be a problem, and more productive than a slow moving agent who will do anything to hold your money, along with others in their account.