Withholding rent
 

We have a 12 month rental agreement. In this contract it states that a set of steps leading down to our pool will be repaired by the landlord. This is a consequence of subsidence which has resulted in the lower half of a set of six steps breaking away from the main body which means that these last three steps now angle downwards and this is disconcerting.
The contract was signed six months ago and as of now nothing has been done despite requests to the agents. The agents have admitted that he landlord, now resident in Qatar is 'difficult'.
As there seems little likelyhood of the landlord doing the right thing, it seems that my only recourse is to hold back some of the rent and thus encourage him to make good as per contract.
Any comments would be appreciated.
Thanks

Re: Withholding rent
 

You could give him notice and find somewhere else to live.

Surely you must have seen the steps when you first inspected the building and grounds before signing the contract which he could argue the case that you accepted the condition of the building etc.

Steve

Re: Withholding rent
 

Yes, but the landlord stated in the contract that repairs would be made by him/her. As I would be required,and expect,to hold my end of the contract, is this not a two way street?

Re: Withholding rent
 

Withholding the rent seems to be a high risk strategy. Wouldn't giving notice that you intend to get them fixed and deduct the cost from future rent payments be a better first step? :unsure:

Re: Withholding rent
 

If I do the fixing, the cost is substantial, we are talking about subsidence here. I am only a tenant.The logical step is to move on which I am trying to do, but in the short term I do not see why he/she should get all the rent and not hold up their end of the deal. Me doing the work and paying for it is a non starter. However thank you.

Re: Withholding rent
 

OK, that makes sense.

I understand your frustration, but fighting with your landlord is likely to be an exercise in futility and frustration. Document the danger and move out - breaking the lease if necessary, life is too short to invest time and energy in such nonsense. :nod:

Re: Withholding rent
 

Absolutely,I just wondered as to the ramifications of my suggestion.I have no intention of any dispute. life is far too short.Again thanks. Documentation is sensible.

Re: Withholding rent
 

There was a raft of new legislation on renting in 2013 . Most important point the contract should be properly registered ( most are not as most do not declare the rental income ) If you like the place and you want to stay get the repairs done withholding the rent - the contract should support your action. Tell the agent what you are doing ! If you want to leave you have the right to do so after six months to give notice but will probably have to pay one month's rent as a penalty. If you just stop paying you can get thrown out fairly quickly with a judicial order.

Re: Withholding rent
 

It would be difficult to hold back rent because the situation is 'disconcerting'.

When speaking with the agent you should do so by email and ask him to copy you in on correspondence to the owner so you know your tenanacy rights are being genuinely looked after.

Your tenancy ends in six months so you have the upper hand in negotiations to extend the term. You will be 'expecting' repairs to have been completed that maintain the integrity of the property prior signing for another 12 months.

Re: Withholding rent
 

They are steps leading down to a pool.

Does this stop you using the pool? From the sounds of it you are 'disconcerted' by the state of the steps but if they do not, substantially, interfere with the use of the pool then I think withholding rent is just going to make you in breach of your rental agreement. If they are a serious health hazard and danger to you and your family then that is a different situation.

Unless there was some timeframe mentioned for the repair of the steps, then the landlord could maintain that yes, he is responsible for the repair and will get it carried out - when ?

Re: Withholding rent
 

Withholding rent for what seems to be a minor inconvenience seems petty and could make it difficult to get another rental property?

Re: Withholding rent
 

I was thinking of withholding a percentage, not all.My use of 'disconcerting' was insufficient as the steps fall down and we have lost our balance on occasions. My concern is that as this is the only access to the garden and we are not getting any younger.
Thanks for all the advice.

Re: Withholding rent
 

The first action is to talk to the agent then the landlord and see if this can be sorted easily and quickly.

Second follow up in writing and indicate you will be taking legal action

Third take out a denuncia

Fourth engage a solicitor

Do NOT withhold any rent full or partial - 2 wrongs do not make a right

Do NOT do the repairs yourself - it would be very difficult to get money back

Re: Withholding rent
 

Thanks

Re: Withholding rent
 

If I were you I would put it down to experience. Look for a new rental and move on