# Withholding Rent



## Kevtech (May 8, 2013)

We have had repeated issues with unserviceable items in our rented fully furnished villa. The owner via a management company has repeatedly failed to action issues, or delayed, or got us to resolve/pay, with us claiming back cost through our rent (as agreed with owner on each occasion). Can we legally withhold rent until an issue has been resolved, e.g. pool pump tripping out due to overheating, and all sun loungers and chairs torn due to rotting fabric ?


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## PeteandSylv (Sep 24, 2008)

I would imagine that as soon as you withhold the rent you are in breach of contract. This may not be the worst thing in the world particularly if you can get everyone to withhold their rents and advise the owner that the rents will all be paid as soon as the repairs are done reminding him that he may be in breach of contract by failing to maintain to a reasonable standard.

Pete


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## Kevtech (May 8, 2013)

*Withheld rent*

Thx Pete, that's sort of what we were thinking, only 6 mths left on lease so time to move on I think


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## Patg (Jul 19, 2012)

One hopes that you have documented your problems and have a written agreement to reduce your rent by any maintenance costs incurred? If not, do so as soon as possible, it may help to concentrate the landlords mind if nothing else!

In this case it would seem that the breach of contract is on the management company (the management company presumably is the landlord, legally?).

Withholding of rent puts you into the realm of "Breach of Contract" as mentioned above, which could affect any future contracts you may wish to enter into, this is the main point of this post.

Don't forget , Cypriot law is based on English civil law AND European laws, speak to a solicitor, it may save you some heartache later.

If it is agreed that the landlord is in breach of contract, you could, probably move out sooner!


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## Kevtech (May 8, 2013)

*Problem with Villa Management Company*

Yet again I am forced to add another person to the list of people who have really p***ed me off! Guy from villa management company who has been less than helpful, sent by mistake to me, a email supposed to go to the villa owner. That email contained derogatory comments about me, Oops! He emailed me asking that I ignored the email, and that he used the technique to get the best out of the owner. You can imagine my response Grrr!


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## Patg (Jul 19, 2012)

I can't remember if that is libelous or scandalous, even more reason to consult a solicitor!


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## PeteandSylv (Sep 24, 2008)

Patg said:


> I can't remember if that is libelous or scandalous, even more reason to consult a solicitor!


It's libellous if it is in writing. (Lib: Library, Libre etc.)

It's slanderous if it's spoken.

Either way it can be scandalous !!!!!

Probably in law this example is not libellous at all.

Pete


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## Veronica (Apr 5, 2008)

As no names have been mentioned it is definitely not libellous.


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## PeteandSylv (Sep 24, 2008)

Veronica said:


> As no names have been mentioned it is definitely not libellous.


The names were mentioned on the original email.

The reason I think this is probably not libellous is based on item 4 and, if appropriate, item 1:

_"There are five essential elements to defamation: (1) The accusation is false; and (2) it impeaches the subject's character; and (3) it is published to a third person; and (4) it damages the reputation of the subject; and (5) that the accusation is done intentionally or with fault such as wanton disregard of facts."_

Pete


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## Veronica (Apr 5, 2008)

Ah yes, I got hold of the wrong end of the stick. I was thinking the bit about libel was to do with the posts here, missed the bit about the email. Thats what comes of trying to do a hundred things at once and just taking a quick peek at posts instead of reading the whole thread properly. 
Trying to catch up on stuff now my visitors have gone.


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## 5Stingray5 (Dec 21, 2012)

You should go to a solicitor and see if the owner/house agent/management is in breach of contract themselves.
We had nothing but trouble with an ex-pat house agent who told us a pack of lies when we rented a property, it turned out that the it wasn't us who were in breach by withholding the rent.
The actual tenancy deed was so flawed and amateurish that we could have trashed the place and left without the owner having any recourse on us.
After just 3 months of upset we moved out and withheld the final months rent in lieu of the deposit.
It turned out that the rogue agent had a history of bad conduct in the rental market including their website being shutdown.
The agent then accused us of trashing the place and ruining the pool, luckily we got neighbours from two adjacent properties to check on the condition of the property when we left.


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## Patg (Jul 19, 2012)

PeteandSylv said:


> It's libellous if it is in writing. (Lib: Library, Libre etc.)
> 
> It's slanderous if it's spoken.
> 
> ...


Hahaha, just noticed, damn this predictive text!


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## Kevtech (May 8, 2013)

*Yes its a rogues game*

Shame is it makes it all the more difficult for the legitimate business to operate and not get tarred with the same brush. As with any service industry though, there are equally a lot of untrustworthy tenants, which makes it all the more annoying when good will is given freely only to be abused. Surprisingly, since the email cock-up and my response, things have begun to materialise!


5Stingray5 said:


> You should go to a solicitor and see if the owner/house agent/management is in breach of contract themselves.
> We had nothing but trouble with an ex-pat house agent who told us a pack of lies when we rented a property, it turned out that the it wasn't us who were in breach by withholding the rent.
> The actual tenancy deed was so flawed and amateurish that we could have trashed the place and left without the owner having any recourse on us.
> After just 3 months of upset we moved out and withheld the final months rent in lieu of the deposit.
> ...


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## 5Stingray5 (Dec 21, 2012)

High Kev it also turned out that the Agent had been renting out the property without the owner knowing, the electric company added the previous tenants bill on to ours.
We left without paying the electric bill because despite several enquiries the electric company insisted that we pay for the two months prior to us occupying the property.
Neighbours informed us that the agent also used the property herself on occasion, there was a bed setee missing that we were initially blamed for but once again neighbours saw this item being taken from the house by the agent.
You have to be very careful renting these days.


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