What happens if I stop paying rent because repairs aren't done?

Withholding rent, even for repairs, risks eviction. Your landlord can begin legal proceedings, and you could lose your home. Instead, keep paying rent and use formal complaint channels.

Can the council force my landlord to do repairs?

Yes, local councils can inspect the property and require landlords to address certain repair issues, particularly those affecting health or safety.

Will court action always lead to eviction if I withhold rent?

If you owe at least two months’ rent, you risk a possession order. Sometimes, paying arrears quickly may let you stay. Written repair complaints may help your case but don’t guarantee success.

How can I legally dispute a rent increase?

You can challenge some rent increases by applying to the First-tier Tribunal (Property Chamber) before the new rent is due. See GOV.UK for instructions.

What is a Rent Repayment Order?

A Rent Repayment Order lets tenants claim back up to 12 months' rent if the landlord commits certain offences, like letting an unlicensed property or unlawful eviction.

Withholding Rent in England: Risks, Rights, and Steps for Renters

Tenant Rights & Responsibilities England published: June 29, 2025

Many renters in England may wonder if it's legal or safe to withhold rent when facing unresolved property issues or disputes with their landlord. While the temptation to stop paying can be strong, especially if you feel your concerns aren't taken seriously, it's essential to understand the legal implications, potential risks, and the proper channels for addressing your grievances. This guide explains what happens if you withhold rent in England, your rights and responsibilities under current tenancy law, and alternative steps to resolve disputes while protecting your home.

What Does Withholding Rent Mean?

Withholding rent means refusing to pay all or part of your rent to your landlord, often because you believe they have failed to meet their legal duties, such as carrying out necessary repairs. In England, it’s important to know that simply stopping rent payments can put you at significant risk of eviction proceedings.

Legal Rights and Risks When Withholding Rent

If you decide to withhold rent, here’s what you need to consider under English law:

Rent is still legally due under your tenancy agreement unless a court or official body orders otherwise.
Withholding rent— even for valid repair issues— can lead your landlord to start eviction proceedings, usually under Section 8 of the Housing Act 1988 for rent arrears.
If you fall more than two months behind, your landlord can apply to court for possession of the property.

The law expects rent to be paid on time unless alternative arrangements are made legally. If you have a genuine complaint (like essential repairs not being done), there are safer, lawful ways to handle it.

Safer Alternatives: How to Address Repairs or Disputes

Instead of withholding rent, you can take the following steps:

Report repair issues in writing to your landlord. Keep copies of all correspondence.
If your landlord ignores you, you can contact your local council’s housing department. Councils have powers under the Housing Act 2004 to force landlords to carry out certain repairs.
You may consider using the ‘rent repayment order’ process in serious cases, such as if the landlord operates an unlicensed property or has been convicted of unlawful eviction.

Before taking any drastic action like withholding rent, officially engaging with your landlord and council often leads to safer resolutions.

Relevant Official Forms Renters Might Use

Form N5: Claim for possession of property
Used by landlords to start eviction proceedings, usually due to rent arrears. If you receive this form, it means your landlord is taking legal steps to gain possession. Download Form N5 (GOV.UK).
Form N11B: Defence form
For tenants to respond if court action is brought against them (e.g., after receiving Form N5). Explains your side and any counterclaims, such as disrepair affecting your rent payments. Download Form N11B (GOV.UK).
‘Request for Housing Disrepair Inspection’ (via your council)
If your home needs urgent repairs and your landlord won’t act, contact your local council to arrange an inspection. Use the council’s official online contact or complaint form—search your council’s website for ‘housing disrepair’ services. For example: Report housing disrepair to your council (GOV.UK).

The above forms are only required in certain circumstances. Most disputes can be resolved by clear correspondence and making use of the council’s housing team before anything escalates further.

Which Tribunal Handles Rent Disputes or Evictions?

In England, the First-tier Tribunal (Property Chamber) is responsible for applications regarding rents, repairs, and related disputes, particularly for rent assessment and some tenancy deposit issues. However, actual eviction proceedings usually go through the County Court system (Eviction through the courts: GOV.UK).

If you are ever unsure, get professional advice before you stop paying rent—to avoid putting your tenancy at risk.

Summary: Steps to Take Instead of Withholding Rent

Always pay your rent, even if you’re in dispute, unless ordered by a court.
Report repair problems in writing to your landlord and keep records.
Escalate unresolved issues to your local council’s housing team.
Use official tribunal or court routes if necessary—never simply stop paying.

These steps can help protect your tenancy and strengthen your position if further action is needed.

Frequently Asked Questions

What happens if I stop paying rent because repairs aren't done?
Withholding rent, even in cases of disrepair, risks eviction. Your landlord can use missed payments as grounds to seek possession through the courts. Instead, keep paying rent and follow proper complaint procedures.
Can the council force my landlord to do repairs?
Yes. Your local council can order your landlord to carry out repairs—especially if they relate to safety (heating, hot water, electrical systems). Contact your council for an inspection if unsafe or urgent repairs are ignored.
Will court action always lead to eviction if I withhold rent?
If the case goes to court and you owe at least two months’ rent, the judge may order possession. Sometimes they allow you to stay if you pay off arrears quickly. Having a written repair complaint can strengthen your case but does not guarantee you won't be evicted.
How can I legally dispute a rent increase?
Tenants can challenge some rent increases through the First-tier Tribunal (Property Chamber). You must apply before the new rate takes effect; follow the instructions at Challenge a rent increase (GOV.UK).
What is a Rent Repayment Order?
This is a legal process where tenants apply for a refund of up to 12 months’ rent if the landlord commits certain offences (e.g., letting an unlicensed property or unlawful eviction). More guidance is available from GOV.UK’s rent repayment order page.