Lee-Parker v Izzet [1971]

A landlord was in breach of his repairing obligations. The tenants spent money in carrying out repairs, and then claimed to be able to deduct the cost of the repairs from future rent payments.

HELD: The tenants were entitled to recoup their expenditure from future rents.
To use rent to pay for repairs, or to offset the cost of repairs against arrears, the tenant must carefully follow the steps below (in order):
1.  Give the landlord notice of the repair and a reasonable time to remedy it, then
2. Inform the landlord (preferably in writing) that the tenant will do the repair themselves unless the landlord complies with his obligations, then
3. Allow a further reasonable period for the landlord to do the work, then
4. Obtain three estimates for the cost of the work from reputable builders, then
5. Write to the landlord again, enclosing copies of the estimates and reminding him of his obligation to do the work, giving a further reasonable period to carry it out. The letter should warn that, otherwise, the tenant will do himself and deduct the cost from rent, then (if there is no response)
6. Arrange for the contractor who gave the lowest estimate to do the work, and obtain (and send to the landlord) receipts, with a request for payment; then
7. If the landlord does not pay, the tenant may deduct the cost from the rent (but not other charges such as service charges) and then send the landlord a breakdown of the amount and period of the rent to be withheld

Citation: Lee-Parker v Izzet [1971] 1 WLR 1688