Withholding Rent for Repairs in England: What Renters Need to Know
If you're renting a home in England and your landlord isn't keeping your property in good repair, you may wonder if it's legal to withhold rent. This is a common concern, especially when repairs aren't being completed as required by law. In this article, we'll explain what the law says, your alternatives, and practical steps you can take—so you can protect your rights and stay secure in your home.
When Are Landlords Responsible for Repairs?
Under English law, landlords must keep the structure, exterior, and key facilities (like heating, gas, water, and sanitation) in good working order. This duty applies automatically under the Landlord and Tenant Act 1985 and may also be specified in your tenancy agreement.1
- Repairs must be done within a "reasonable time" after you've reported the issue
- You're responsible for minor day-to-day upkeep, like changing lightbulbs
- Landlords must also ensure your home meets the minimum housing standards
Is Withholding Rent Legal in England?
Withholding rent to force your landlord to carry out repairs is not automatically protected by law. If you stop paying rent, even for valid reasons, your landlord could start eviction proceedings for rent arrears.
However, there is a formal process called "rent arrears deduction for repairs" (sometimes known as "repair and deduct") in limited circumstances, but you must follow this carefully to avoid legal risks.
Steps to Take Before Considering Rent Withholding
Before taking any action with your rent, you must:
- Report all repairs in writing (email or letter) and keep a copy
- Allow a reasonable time for the landlord to respond
- Follow up with a written reminder if needed
- Contact your local council if repairs are not done—councils can order landlords to make repairs
Most councils handle complaints through their Environmental Health team. If disrepair is serious, they may issue a formal notice, compelling your landlord to act.
Alternative: Using Rent to Pay for Repairs
Rather than withholding rent, a safer legal route is arranging and paying for urgent repairs yourself, then deducting the cost from future rent.2
Here's how renters typically proceed:
- Send written repair requests and reminders to your landlord
- Warn your landlord in writing that you'll arrange repairs yourself if the issue isn't fixed by a set date
- Get multiple quotes (keep receipts)
- Send all correspondence and evidence to your landlord
- Only deduct actual repair costs (not compensation)
Whenever possible, seek support from your local council, or contact Civil Legal Advice.
Relevant Official Forms and How to Use Them
- Complaint to Local Authority: There is no single national form. Contact your local council and use their online form or email to report housing disrepair. For example, you might say:
“I am a renter at [address]. I have notified my landlord of [describe issue] on [dates] and repairs have not been made. Please investigate under your powers in the Housing Act 2004.” - Housing Ombudsman Complaint Form: Use if you rent from a housing association or local authority and your complaint hasn't been resolved after 8 weeks. Submit your complaint online here.
What Can Happen If You Withhold Rent?
If you stop paying rent without legal grounds, your landlord could:
- Start eviction proceedings
- Pursue you for arrears in court
- Refuse future references
Your tenancy agreement will not usually allow rent withholding, so always seek advice before taking this step.
Residential Tenancy Disputes: Who Handles Them?
Renters in England can appeal certain disputes through a court or tribunal. Most tenancy repair disputes are managed through:
- First-tier Tribunal (Property Chamber – Residential Property): handles cases like rent repayment orders and housing standards enforcement
- Civil courts: for breach of contract or seeking compensation for disrepair
Your local council's Environmental Health department also has enforcement powers under the Housing Act 2004.
FAQ: Rent Withholding for Repairs in England
- Can my landlord evict me if I withhold rent for repairs?
Yes, your landlord can start eviction proceedings if you are in rent arrears, even if repairs are outstanding. It's important to follow safe, legal steps instead. - What should I do if my landlord ignores repair requests?
Write to your landlord, keep records, then contact your local council's Environmental Health team to report the problem formally. - Is there a form to fill out if repairs aren't done?
Each council has their own complaint process. Visit your council's website to find the "report disrepair" or "housing complaint" form, or email them directly. - Can I get compensation if my landlord doesn't do repairs?
In some cases, you can claim compensation through the courts for distress or extra costs caused by the disrepair. Get legal advice before making a claim. - Who can help me if I have a dispute about repairs?
Your local council, Citizens Advice, or the First-tier Tribunal (Property Chamber) can guide you.
Conclusion: Key Takeaways
- Withholding rent is risky and may lead to eviction—use safer routes like council enforcement or agreed "repair and deduct" steps
- Document all repair requests in writing and keep evidence
- Work with your local council or seek legal advice if repairs are not carried out
Staying informed on your rights and using official channels can help get repairs addressed without risking your home.
Need Help? Resources for Renters
- GOV.UK: Private Renting Repairs
- First-tier Tribunal (Property Chamber – Residential Property)
- Find your local council's Environmental Health team
- Citizens Advice: Repairs in Rented Housing
- Housing Ombudsman Service (for housing association renters)
- See the Landlord and Tenant Act 1985, Section 11 - Repairing Obligations
- For a summary of the “repair and deduct” process, see Government guidance on getting repairs done in a rented home
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