What is the right of set off?

The right of set-off is a common law right that allows a tenant to carry out essential repairs to a rented property and deduct the reasonable cost from future rent, but only after following a strict notification process and giving the landlord adequate opportunity to carry out the work themselves.

If your landlord won't carry out repairs they're legally responsible for under Section 11, you do have the option to get the work done yourself and deduct the cost from your rent. But this is risky if you don't follow the correct process, because your landlord could treat the deducted rent as rent arrears and pursue possession proceedings.

The process requires several steps. You must report the repair to your landlord in writing, giving them a reasonable time to respond. If they don't respond, you must write again, stating that you intend to arrange the work yourself and deduct the cost from rent. You should then obtain at least two written quotes from reputable contractors, send copies to the landlord, and give them one more reasonable opportunity to act. Only after all of this can you proceed with the work and deduct the cost.

You can only deduct the cost of repairs that fall under your landlord's legal obligations. You can't deduct costs for improvements, for damage you caused, or for work that isn't the landlord's responsibility.

This process is a last resort. Reporting to the local council for an HHSRS inspection or taking action under the fitness for human habitation legislation is usually a safer first step because council enforcement doesn't put you at risk of rent arrears claims.

Frequently asked questions

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Can I just deduct repair costs from my rent without warning?

No, you must follow a strict process of written notifications giving the landlord a reasonable time to act at each stage. Deducting costs without following this process could leave you exposed to a rent arrears claim.
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What counts as a "reasonable time" for the landlord to respond?

It depends on the urgency. A broken boiler in winter might warrant a few days. A cosmetic repair could reasonably allow several weeks. The more urgent the issue, the shorter the reasonable period.
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Is the right of set-off safer than withholding rent?

Yes, because you're not simply refusing to pay rent. You're paying for legitimate Section 11 repairs and reducing the rent by that specific amount, with a clear evidence trail. Blanket rent withholding has no formal legal process and is much riskier.
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