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Question Title: Self help and setoff
| Question: 163 |
| I have been told by one of my tenants that they are stopping the payment of rent to me and are using it to pay for repair work to the flat. I don't think that the work is necessary, can they do this? |
| Answer: |
| Generally the tenant has no legal right to set-off in this way. However in certain circumstances, a tenant may use the rent to pay for repairs where the landlord has clearly breached a repairing obligation and has failed or refused to carry out the repairs. This is a common law right available in specific circumstances and carried through in a clearly defined procedure. The tenant must inform his landlord that he intends to carry out the repairs himself and submit any estimates, in order to allow the landlord a chance to carry out the work himself. He can only withhold the costs of the repairs and not any amount for damage caused as a result of the failure to repair. [see Lee-Parker v. Izzet] |
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Apr 2000 page29 |
letting-update-journal.html
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Letting Handbook |
11-14 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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