Can I Withhold Rent Because of Disrepair?

Why withholding rent is risky

Your landlord has a legal duty to keep the structure and exterior of the home, and the installations for water, gas, electricity, heating and sanitation, in repair under section 11 of the Landlord and Tenant Act 1985. But that duty does not normally remove your duty to pay rent. Government tenancy guidance says the agreed rent should be paid even when repairs are needed or there is a dispute.

If rent is withheld, the unpaid amount can become arrears. Arrears can lead to possession proceedings, and losing the home is a far worse outcome than the repair problem you started with. Our guide to disrepair claims and rent arrears explains what happens if you already owe rent.

What about repair and deduct?

There are narrow situations in which a tenant arranges a repair and seeks to deduct properly evidenced costs from rent. Strict conditions can apply, the law is technical, and it can go wrong if a step is missed. Do not try it without advice from a housing solicitor or an advice agency.

Safer ways to get repairs done

1. Report the problem in writing and keep a dated copy. A written record matters later. See how to report housing disrepair.
2. Use the landlord's complaints procedure if repairs are ignored or delayed.
3. Ask the council's environmental health team to inspect where conditions may be a health risk. See council environmental health inspections.
4. Go to the Housing Ombudsman if you rent from a council or housing association and the complaint is not resolved. See the Housing Ombudsman route.
5. Consider a housing disrepair claim if the landlord has failed to repair after being told. A claim can seek the repairs and compensation.

Can disrepair affect the rent I owe?

A disrepair claim can include compensation, and in some cases the amount may be calculated by reference to the rent paid for the period when the home was affected. That is different from simply deciding not to pay. See rent refunds and reductions for disrepair.

What evidence should you keep?

• Dated repair requests, emails, texts and call notes
• Photos and videos of the defects as they develop
• Complaint letters and replies
• Your tenancy agreement and rent payment records
• Medical or other records if your health or belongings were affected

See our housing disrepair evidence checklist.

What is the safest next step?

Keep paying rent if you can, report and record every defect, and get advice before changing how you pay. If you have received a notice or court papers, get urgent housing advice. If there is immediate danger, contact the landlord's emergency service and the council.

This article provides general legal information only. It does not constitute legal advice on any specific case. Awaab's Law Claims Specialists is a trading name of Driscoll Kingston & Co Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 839699).