If my landlord/flatmate leaves shared accom area untidy should I withhold rent payment till he corrects this?

Question

I left school at 17 but cant get job in Lancs. So moved to Berks where work prospects far better. But found accom costs mostly £700+ per week which cant afford on my Job Seekers. But when desperate for somewhere to stay, found this old guy who lets me share his flat if share rent. He moved out of only bedroom (25ft by 25Ft) so it is now all mine.He now sleeps usually day time in broom cupboard only just big enough for his single mattress. Coz he has job working 14 hour nite shifts 5 on 3 off, he agreed I only need pay £100 per month and he pays remaining £300 of monthly rent to Housing Assn. Most evenings & nites I have whole flat to myself including sat TV when he is at work He OK except he is disgustingly untidy and a bit whiffy. He does not always kleen bath or loo after using, also kitchen floor is filthy & living room likea tip. So I am kleening up his mess. If I refuzed to pay 50% of my share of rent until he improoves cud he as landlord evict me?

Answer 1

I would keep paying your share because he is paying more. When he is at work clean up his mess, it sounds like you got a very good deal.

Answer 2

Like others I am not clear if you have reached a written agreement with your flatmate on how much you pay and whether his moving into the tiny bedroom and give you the big one was part of what was agreed in writing ?But from your wording I suspect you are not actually contemplating witholding rent but just asking what the law is and what we think? Housing Associations charge "fair rents" as assessed by the Rent Officer and the law says a tenant of a registered housing association has a "secure"tenancy and can only be evicted by a court order obtained in well defined circumstances. That is exactly the same as for Council tenants. There is no rental control, Tenant is expected to pay amount of rent specified by the tenancy agreement.

I tend to agree this can be best sorted by you having a chat with him and perhaps offering to help clean and tidy the flat for a reduction in what you pay. It is possible he would be delighted if you did do that and then agree amicably to charge you only £50. Perhaps that was why he invited you to share his home because he knew he could not cope alone.   

Answer 3

This sounds like a roommate situation.  Do you have any type of agreement in writing?  It is a different ball game since he owns the unit.  My first thought would be no.  You can't move into someones home and start making demands.  But their maybe laws in your favor.  Best to check out the laws before you start with holding rent. Otherwise you either have to keep cleaning up after him or step over his mess and keep your area clean.  Or move.

Answer 4

first talk to him and see what he says!

Answer 5

Well, first of all, he's not your landlord, the housing association is HIS landlord, and you are there illegally.  

He can kick you out if you don't pay, but it wouldn't be formal.  You agreed to all these things without a written contract, which you can't do anyway, because he's not the landlord.  You have less than zero rights here.  

Bust your balls and FIND A JOB, and then FIND A ROOMMATE.  You put yourself in this situation through a string of not-well-thought-out moves.  YOU need to think a little bit more forward before you act.  Next time you move, ALWAYS look into the cost of living vs what a job will pay, and TYPICALLY, you should already HAVE a job BEFORE you move.  You're young and you're making mistakes, time now to start using the mistakes as lessons and smarten up.

Answer 6

Yep, he can kick you out. Better just have a talk with him about the matter or get ready to leave.

Answer 7

you should NOT withhold rent no court will look upon that kindly however, you can talk to the person and A ask for a reduction in rent because of the mess or B find a new place to stay

either way take some photo's of the mess before you do anything its always nice to practice CMAJIC

[Cover My Ar*e Just In Case]

Answer 8

Eww. I would rather live in a cardboard box on the streets.  

Answer 9

Firstly there is no legal reason in law to withhold rent.

Secondly you are breaking the law by being there as the chap has no right to be renting (sub-letting) to you. (he is the one who will be in trouble)

Thirdly You should at 17 get used to this sort of situation because until you are 25 you will not be entitled to benefit cover for rent in your own place so sharing is your only way to go.

Fourthly if work prospects are better in Berks why don't you have a job yet?

This 'old guy' is sleeping in a cupboard and working 14 hours a day whilst paying most of the rent and I presume the bills so why don't you do the cleaning with a light heart instead of making an issue out of it? You sound a tad selfish to me though that may just be your 17 year old, immaturity peeking through.

Answer 10

Make up your mind, at the beginning you say you have a job, then you are on job seekers !!!!!!! The you only pay £100pm, then say 50%............if your only paying £100pm then you should be clearing up after him.

He is not your landlord, just letting to you as a lodger, as that you have no rights, he can ask you to leave at any time. He is breaking his agreement for having a lodger, and I suspect still paying council tax.

If your not happy with the situation then fine somewhere else to live.  

Answer 11

Your both breaking the law. Read teegee's answer

Answer 12

.   I took a class from the local Small Claims Court judge.  He said that you have to come to him and fill out a 10 day notice for your landlord. If your landlord doesn't improve things, you may get a lot of money and also have your lease terminated.

If you withhold rent without coming to the court first, the judge will not be happy.

Answer 13

Yes I too think you've got a good deal, but to answer your question on legal situation, I believe he would only be able to evict you if he got a Court Order. What you would be best advised to do is get photographic evidence of his untidiness, such as by using your mobile phone, and an independent witness to see it one night when he is at work who would be willing to testify in Court. Then if it goes to court it is just possible the Court would agree that he was at fault.

But that said, have you actually mentioned this to him. One possibility might be if you made him an offer that if he reduced your rent to £50 per month, you would in return keep whole flat clean and tidy as you seem to be a very tidy guy. Alao people who "whiff" often do not know it, and if you mentioned it to him it may make him mend his ways.

Generally think this problem better solved by friendliness not by a legal dispute as anyway "untidinessis" is a very subjective issue and it may well be that you are expecting too high a standard. Hope you get a job OK and your accommodation problem works out.

Answer 14

Yes he could evict you if you refused to pay the rent that you agreed to pay.

To be honest, it sounds like you've got a great deal there anyway - £100 per month for a place which you have mostly to yourself (and you have the main bedroom)... so a bit of cleaning isn't really that bad, is it?

PS I hope he's told the Housing Association that he is sub-letting to you, otherwise he could be in trouble. Also, I hope he's told the council tax people that you're there too as, as a single person, he would have been getting a reduction on CT - which he is no longer entitled to now that he has a flatmate.

Answer 15

Hold on you have most of the flat, pays less than half the rent, doesn't have a job and he does, and you have the biggest room. My god why don't you do this guy a favour and tidy up for him? What else have you got to do all day?

And everyone else is right, you are there there illegally, so this guy can kick you out whenever he feels like it, you have no rights at all.