Withholding rent
Withholding rent is when a tenant deliberately stops paying some or all of their rent, most commonly to put pressure on a landlord to carry out repairs or remedy poor conditions. Under English law, the obligation to pay rent and the landlord's duty to repair are treated as independent covenants: a breach of one does not automatically excuse performance of the other. Rent remains contractually due even when the property is in disrepair, and non-payment constitutes rent arrears regardless of the reason behind it.
There is no statutory provision or common law right enabling a tenant to deliberately and persistently withhold rent as a tactic to compel repairs. This position is confirmed in case law, including Haringey LBC v Stewart [1991], and is reflected in guidance from Citizens Advice and Shelter: tenants should not stop paying rent as a response to disrepair.
The limited exception: set-off
The only lawful mechanism for a tenant to deduct costs from rent is the common law right of set-off, established in Lee-Parker v Izzett [1971] 1 WLR 1688. This applies only to repairs that fall within the landlord's statutory duty under Section 11 of the Landlord and Tenant Act 1985, which requires landlords to keep the structure, exterior and key installations in repair. The set-off is not a right to stop paying rent, it is a right to carry out qualifying repairs and recover the cost by deduction, provided a strict procedure is followed.
The procedure requires the tenant to: notify the landlord in writing of the specific repair needed; allow a reasonable period for the landlord to act (the timeframe depends on urgency, urgent repairs warrant days, not weeks); send a second written notice warning of the intention to carry out the repair if the landlord does not; obtain at least two quotes from reputable contractors; send those quotes to the landlord with a final opportunity to respond; instruct the lowest-qualifying contractor only if the landlord still fails to act; and then deduct the exact cost of the completed work from future rent, sending the invoice with a written breakdown.
This procedure is high-risk even when followed correctly. It is only suited to repairs of limited cost which the tenant can fund upfront, and is not an appropriate mechanism for major structural disrepair. Any deduction that falls outside these steps, or covers costs beyond what Section 11 obliges the landlord to repair, is not protected.
Risks of withholding rent
The risks of withholding rent without following the correct set-off procedure are substantial:
Possession proceedings. Once rent arrears reach the Ground 8 mandatory threshold, three months of unpaid rent under the Renters' Rights Act 2025, the court must grant a possession order on the landlord's application, regardless of any underlying disrepair. There is no judicial discretion at Ground 8. A tenant who believes they have a strong disrepair claim can still be evicted for arrears while that claim is pending.
Set-off as a defence, but a risky one. Where a landlord brings a Section 8 arrears claim and a tenant counterclaims for disrepair, the court can set off any damages awarded against the arrears. However, this only works if the counterclaim succeeds, the damages are sufficient to extinguish the arrears, and the tenant has the financial means to cover any shortfall. Even if the set-off defence succeeds, the tenant will have faced eviction proceedings, potential credit damage, and court costs while the case was heard.
Credit record impact. Rent arrears, even disputed ones, can be flagged to tenant referencing agencies, making it harder to rent another property.
Shelter's guidance is direct: even when a landlord is clearly in breach of their repair obligations, the safer course is to keep paying rent and pursue the available enforcement routes rather than stop paying and risk possession.
What landlords should do when a tenant withholds rent
When a tenant stops paying rent, whether citing disrepair or not, the landlord's priority is to maintain a complete and accurate payment record from the first instance of non-payment. Landlords who track rent via August receive an automatic flag when a payment is missed or falls short, creating an audit trail from day one, which matters if possession proceedings later become necessary.
Alongside the arrears record, the landlord should:
Respond promptly to any repair notification. A disrepair counterclaim in possession proceedings, even a spurious one, can delay a possession order by months and significantly increase legal costs. The most effective response is to have no genuine disrepair to counterclaim about. Landlords who document all repair reports, their response, and any work carried out are far better placed if a counterclaim is raised.
Do not ignore the communication. Even where the withholding appears to be a tactic rather than a genuine exercise of set-off, a written response acknowledging the situation and requesting access for inspection protects the landlord's position and undermines any later argument that the landlord was aware of disrepair and did nothing.
Take legal advice before serving notice. A Section 8 notice served prematurely or on the wrong form is invalid and requires the landlord to restart the clock. Under the Renters' Rights Act 2025, the prescribed form from 1 May 2026 is Form 3A. Serving the wrong form costs weeks of additional arrears while proceedings cannot progress.
For a full guide to what landlords and tenants are each responsible for repairing, and how to document compliance to protect against disrepair counterclaims, see our landlord and tenant repair obligations guide.
Safer alternatives to withholding rent
Tenants facing genuine disrepair have several safer routes that do not risk possession:
Environmental Health enforcement. Reporting a serious hazard to the local council's Environmental Health team can result in an improvement notice served on the landlord, compelling repairs under the Housing Health and Safety Rating System. A landlord served with an improvement notice cannot use it as grounds to evict a tenant for six months under the Deregulation Act 2015.
Formal disrepair claim. A disrepair claim through the courts can result in compensation and an order compelling repairs, without the tenant having stopped paying rent. This is the route recommended by housing law practitioners where the disrepair is serious.
Private Rented Sector Ombudsman. From the second phase of the Renters' Rights Act 2025, private landlords must join the PRS Ombudsman scheme. Tenants will be able to escalate unresolved repair complaints to the Ombudsman without going to court.
Negotiated rent reduction. A landlord may agree to a temporary rent reduction where disrepair materially affects the tenant's use of the property. Any agreement must be in writing. This is not a legal right but is often the most practical resolution where the parties are willing to engage.
Awaab's Law. Once extended to the private rented sector through the Renters' Rights Act, the regulations are pending, landlords will face mandatory timescales for investigating and remediating hazards, with new enforcement routes for tenants where those timescales are not met.
Frequently asked questions
Is it ever legal to withhold rent in England?
There is no statutory right to withhold rent as a lever for repairs in England. The limited common law set-off procedure, derived from Lee-Parker v Izzett [1971], allows a tenant to carry out qualifying repairs under Section 11 of the Landlord and Tenant Act 1985 and deduct the exact cost from future rent, but only after following a strict multi-step procedure involving written notice, contractor quotes, and a final deadline for the landlord to act. Simply stopping payment is not lawful and exposes the tenant to possession proceedings.
Can a tenant use disrepair as a defence against eviction for arrears?
Yes, as a counterclaim, but it is unreliable as a primary strategy. A tenant can raise a disrepair counterclaim in response to a Section 8 possession claim. If the counterclaim succeeds and the damages awarded exceed the arrears, the arrears may be extinguished. However, this requires the tenant to have a meritorious disrepair claim, the ability to fund any shortfall, and the willingness to contest proceedings that may run for months while they remain at risk of eviction under the mandatory Ground 8 if arrears exceed three months.
What should a landlord do if a tenant claims disrepair to justify withholding?
The immediate priorities are: maintain a full rent record from the first missed payment; respond in writing to any repair notification and arrange inspection as quickly as possible; document all work carried out; and take legal advice before serving any possession notice. A well-documented repair response is the most effective defence against a disrepair counterclaim and the most important step in protecting a future possession claim.
How does the Renters' Rights Act change the position on withholding rent?
The Renters' Rights Act 2025 does not create a new right for tenants to withhold rent. What it changes is the enforcement landscape around repair obligations. The Awaab's Law extension to the private rented sector (subject to regulations) will impose mandatory response timescales on landlords, and the PRS Ombudsman will give tenants a non-court route for escalating repair complaints. The abolition of Section 21 also means landlords cannot use a no-fault notice to remove a tenant who has reported disrepair, tenants have stronger protection from retaliatory eviction. But the fundamental position, that rent remains due regardless of disrepair, is unchanged.
