Can a Tenant Withhold Rent for Repairs UK?
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Tenants cannot legally withhold rent because the landlord hasn't done repairs - this creates rent arrears and can lead to eviction. However, tenants CAN do repairs themselves and deduct the cost from rent in limited circumstances if they follow the correct procedure.
This is a common misconception among tenants. Here's what the law actually says and what options are available.
Can tenants withhold rent for repairs?
No. There is no legal right for tenants to withhold rent because a landlord hasn't carried out repairs. The obligation to pay rent and the landlord's repair obligations are separate legal duties that operate independently.
Even if a property has serious disrepair issues - damp, broken heating, structural problems - the tenant must continue paying rent. The courts have been clear on this: repair disputes do not give tenants the right to stop paying.
What happens if a tenant stops paying?
Withheld rent is treated as rent arrears. You can pursue eviction through Section 8 grounds, just as you would for any other non-payment situation.
| Ground | Requirement | Type |
|---|---|---|
| Ground 8 | 2+ months arrears at notice AND hearing | Mandatory |
| Ground 10 | Any rent owing at notice, some at hearing | Discretionary |
| Ground 11 | Persistent late payment pattern | Discretionary |
The tenant's reason for withholding rent (even legitimate repair complaints) does not provide a defence to a possession claim for rent arrears. For more details, see our guide on evicting tenants for rent arrears.
Can a tenant do repairs and deduct from rent?
Yes, but only in limited circumstances and following a strict procedure. This is called "repair and deduct" and is very different from simply withholding rent.
The right to repair and deduct typically applies when:
- The landlord has been notified of the repair need
- The landlord has failed to carry out the repair within a reasonable time
- The repair is the landlord's responsibility under Section 11 of the Landlord and Tenant Act 1985
- The cost is reasonable
What's the correct procedure for repair and deduct?
The tenant must follow a specific process. Simply doing repairs and deducting without proper procedure could still result in a valid arrears claim.
- Report the repair in writing - The tenant must give you written notice of the problem
- Allow reasonable time - You must be given adequate time to carry out the repair (emergency repairs: 24 hours; urgent repairs: a few days; routine repairs: a few weeks)
- Send reminder notice - If you fail to act, the tenant should send a further written notice warning they intend to arrange the repair
- Obtain quotes - The tenant should get reasonable quotes for the work
- Have repair done - Use a competent contractor
- Deduct from rent - Provide evidence of costs and deduct the reasonable amount
If the tenant skips steps or the costs are unreasonable, you may still have grounds to dispute the deduction.
What other options do tenants have?
Tenants who are unhappy with repair issues have several legitimate remedies - but withholding rent is not one of them.
- Report to the council - Environmental health can inspect and serve improvement notices
- Repair and deduct - Following proper procedure as outlined above
- Court action - Sue for breach of repairing obligations
- Rent Repayment Order - In cases involving certain offences under housing legislation
- Compensation claim - For inconvenience, discomfort, or health issues caused by disrepair
Council involvement and improvement notices
Tenants can report disrepair to the local council's environmental health team. If hazards are found, the council can serve improvement notices or even prohibition orders.
Council involvement doesn't excuse the tenant from paying rent. However, it can:
- Force you to carry out repairs
- Result in fines for non-compliance
- Affect your ability to use certain eviction grounds
- Lead to Rent Repayment Orders in serious cases
If you receive an improvement notice, act quickly. Ignoring council notices is a criminal offence and can be very costly.
Frequently asked questions
Is there any situation where withholding rent is legal?
No. There is no legal right for tenants to simply stop paying rent because of repair issues. The rent obligation and the landlord's repair obligation are separate legal duties. Even if the property has serious disrepair, the tenant must continue paying rent or face eviction for arrears.
What if the property is uninhabitable?
Even if a property is in poor condition, tenants cannot withhold rent. Their options are: repair and deduct (following proper procedure), report to the council, take you to court for breach of repairing obligations, or in extreme cases, claim the tenancy has been frustrated. Withholding rent is not a remedy.
Can I evict for withheld rent?
Yes. Withheld rent is treated as rent arrears. You can use Section 8 with Grounds 8, 10, and 11 to evict. Ground 8 is mandatory if arrears reach 2 months. The tenant's reason for not paying (even repair disputes) does not provide a defence to eviction for arrears. See our rent arrears eviction guide for the full process.
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LandlordOS tip
Prevention is better than cure. Respond promptly to repair requests and keep written records of all communications. If a tenant does withhold rent, document everything and consult a solicitor before taking action - you want to ensure you're on solid ground if the case goes to court.