It is a scenario many landlords dread: a tenant stops paying rent and claims they are withholding it because of outstanding repairs. Perhaps there is a dripping tap, a broken boiler, or damp in the bathroom. The tenant believes that because you have not fixed the problem, they are entitled to stop paying rent. But is that actually the legal position? In almost all cases, the answer is no.
The General Rule: Tenants Cannot Withhold Rent
Under English law, a tenant's obligation to pay rent and a landlord's obligation to carry out repairs are separate legal obligations. One does not depend on the other. A tenant cannot unilaterally decide to stop paying rent because the landlord has not carried out repairs. Rent remains due on the date it is due, regardless of the condition of the property. If a tenant withholds rent, they accumulate arrears, and the landlord can pursue possession using the rent arrears grounds under Section 8 of the Housing Act 1988.
The Landlord's Repair Obligations
That said, landlords do have significant repair obligations. Section 11 of the Landlord and Tenant Act 1985 imposes a statutory duty on landlords to keep in repair the structure and exterior of the property, and to keep in proper working order the installations for the supply of water, gas, electricity, sanitation, and space and water heating. Under the Renters' Rights Act 2025, the Decent Homes Standard is being extended to the private rented sector, which adds further requirements around the standard of repair and the absence of serious hazards. Awaab's Law, also extended to the private sector by the RRA, sets strict timeframes for investigating and remedying hazards such as damp and mould.
What Tenants Should Do Instead
If a landlord is not carrying out necessary repairs, the tenant has several lawful remedies available. None of them involve withholding rent.
- **Report to the local authority**: The tenant can contact their local council's environmental health team. The council can inspect the property, identify any hazards under the Housing Health and Safety Rating System (HHSRS), and serve an improvement notice or prohibition order requiring the landlord to carry out the work.
- **Apply to the court**: The tenant can apply to the county court for an order requiring the landlord to carry out repairs. The court can also award damages for any loss or inconvenience the tenant has suffered.
- **Rent Repayment Order**: If the landlord has committed certain housing offences, the tenant can apply to the First-tier Tribunal for a Rent Repayment Order, which requires the landlord to repay up to twelve months' rent. This is a separate process from withholding rent and is only available in specific circumstances.
- **Claim damages**: The tenant can bring a claim for damages against the landlord for breach of the repair obligation. This can include compensation for inconvenience, discomfort, and any loss caused by the disrepair.
Why Withholding Rent Is Risky for Tenants
A tenant who withholds rent accumulates arrears. Once those arrears reach three months, the landlord can serve a Section 8 notice relying on Ground 8, which is a mandatory ground for possession. The court must grant a possession order if the three-month threshold is met. The tenant's reasons for withholding rent are not relevant to Ground 8 — it is a purely mathematical test. Even on discretionary grounds like Ground 10, withholding rent without a court order or legal basis is unlikely to be viewed sympathetically. The risk of losing their home is real.
What Landlords Should Do
If a tenant stops paying rent and cites repairs as the reason, take it seriously. First, check whether there genuinely are outstanding repairs you should be addressing. If there are, deal with them promptly — it is your legal obligation. Second, write to the tenant acknowledging the repair issue and confirming when it will be resolved, while reminding them that rent remains payable and that withholding rent is not a lawful remedy. Third, keep records of everything: repair reports, response times, work carried out, and all rent payments.
The Correct Approach
The legal system provides remedies for both landlords and tenants. Tenants have the right to live in a properly maintained property, and landlords have the right to receive the rent that is due. A tenant with a genuine repair complaint should use the proper legal channels. A landlord with an arrears problem should follow the Section 8 process.
Take Action
Make sure your property meets its repair obligations by reviewing our Landlord Compliance Checklist 2026. If you are dealing with arrears, generate your document pack for Section 8 notice templates. For a detailed guide to possession grounds, read our guide to Section 8 Grounds for Possession.