Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • dreid8966
    • By dreid8966 10th Oct 16, 3:01 AM
    • 3Posts
    • 0Thanks
    dreid8966
    Internet - Breach of contract
    • #1
    • 10th Oct 16, 3:01 AM
    Internet - Breach of contract 10th Oct 16 at 3:01 AM
    Hello,
    I am renting a property that includes bills, please see the extracts below:
    "The landlord is responsible for paying all reasonable charges for the following: Gas,
    Electricity, Water, Internet, Phone, TV Licence bills included"


    "The Landlord agrees in the Tenancy Agreement to provide the Tenants with a
    sufficient amount of gas, electricity and water, a telephone line, broadband and TV
    licence."

    In short, the property has no phone or internet, despite what was initially advertised and laid out in the contract. I have notified the agent several times, and we are now moving into the fourth week of paying for a service that I simply am not receiving.

    Is there a regulating body that I should contract about this?
    I still want to remain in the property, but am very unhappy about the whole situation. As at present I'm having to use BT fon,
Page 1
    • Guest101
    • By Guest101 10th Oct 16, 6:39 AM
    • 11,958 Posts
    • 11,408 Thanks
    Guest101
    • #2
    • 10th Oct 16, 6:39 AM
    • #2
    • 10th Oct 16, 6:39 AM
    From what I can tell the LL doesn't have to divide an actual phone.

    However given its 4 weeks, I would write (pen and paper) advising the LL you intend to source your own broadband and the cost will be deducted from the rent ( as this would mitigate the cost- instead of court)

    I suspect they'll reply then
    • danslenoir
    • By danslenoir 10th Oct 16, 9:03 AM
    • 212 Posts
    • 254 Thanks
    danslenoir
    • #3
    • 10th Oct 16, 9:03 AM
    • #3
    • 10th Oct 16, 9:03 AM
    From what I can tell the LL doesn't have to divide an actual phone.

    However given its 4 weeks, I would write (pen and paper) advising the LL you intend to source your own broadband and the cost will be deducted from the rent ( as this would mitigate the cost- instead of court)

    I suspect they'll reply then
    Originally posted by Guest101
    Withholding rent is not a good idea, even if OP's landlord is failing to meet his contractual obligations.
    • HouseBuyer77
    • By HouseBuyer77 10th Oct 16, 10:16 AM
    • 755 Posts
    • 713 Thanks
    HouseBuyer77
    • #4
    • 10th Oct 16, 10:16 AM
    • #4
    • 10th Oct 16, 10:16 AM
    Withholding rent is not a good idea, even if OP's landlord is failing to meet his contractual obligations.
    Originally posted by danslenoir
    There's a difference between threating to do so and actually doing it. If the LL doesn't seem to want to pay attention perhaps it might help.

    You say you have contacted the agent several times over the issue. What did they say?
    • Guest101
    • By Guest101 10th Oct 16, 10:29 AM
    • 11,958 Posts
    • 11,408 Thanks
    Guest101
    • #5
    • 10th Oct 16, 10:29 AM
    • #5
    • 10th Oct 16, 10:29 AM
    Withholding rent is not a good idea, even if OP's landlord is failing to meet his contractual obligations.
    Originally posted by danslenoir
    Agreed but that not what I said:

    Write to the LL and tell them that's what you intend. Bet they get in touch double wuick
    • G_M
    • By G_M 10th Oct 16, 12:13 PM
    • 37,008 Posts
    • 40,929 Thanks
    G_M
    • #6
    • 10th Oct 16, 12:13 PM
    • #6
    • 10th Oct 16, 12:13 PM
    Letter to landlord at address "for serving notices", with copy to agent.

    Refer to previous converstaions/emails whatever on the subject pointing out no action has resulted.

    Enclose copy of tenancy agreement highlighting the relevant clause.

    Enclose a copy of your phone/internet bill.

    See hat the response is and take it from there.
    • teddysmum
    • By teddysmum 10th Oct 16, 1:58 PM
    • 5,795 Posts
    • 3,424 Thanks
    teddysmum
    • #7
    • 10th Oct 16, 1:58 PM
    • #7
    • 10th Oct 16, 1:58 PM
    Does the actual tenancy agreement say that specific services are to be provided ?


    The statement quoted could be a general list of T&Cs declaring what the landlord agrees to pay for, if that service is actually available.


    I compare this to Santander's list of conditions for cashback on utility bills. It lists what they will pay out on, but doesn't mean that a customer has to have all of gas, electricity, phone, broadband, water etc. to qualify.


    Likewise the landlord could have some all electricity premises, some with internet, some with gas and electricity, the inclusive rent price reflecting the level of services. (Identical flats, where one has internet would have different rents to pay)
    • Miss Samantha
    • By Miss Samantha 10th Oct 16, 2:07 PM
    • 899 Posts
    • 870 Thanks
    Miss Samantha
    • #8
    • 10th Oct 16, 2:07 PM
    • #8
    • 10th Oct 16, 2:07 PM
    Does the actual tenancy agreement say that specific services are to be provided ?
    Originally posted by teddysmum
    As per original post:
    "The Landlord agrees in the Tenancy Agreement to provide the Tenants with a
    sufficient amount of gas, electricity and water, a telephone line, broadband and TV
    licence."
    • G_M
    • By G_M 10th Oct 16, 2:59 PM
    • 37,008 Posts
    • 40,929 Thanks
    G_M
    • #9
    • 10th Oct 16, 2:59 PM
    • #9
    • 10th Oct 16, 2:59 PM
    Whilst I too initially assumed the quotes were from the TA, the wording is strange:

    "The Landlord agrees in the Tenancy Agreement to provide the Tenants with a sufficient amount of gas, electricity and water, a telephone line, broadband and TV licence."
    Originally posted by dreid8966
    It would be unusual for a clause within a TA to need to say that the clause is part of the TA ("agrees in the Tenancy Agreement to..)

    On the other hand, an advertisement or other document might well refer to the TA using such words. In that case the question would be whether that advert/document constituted part of the contract.

    Perhaps the OP could clarify exactly where the quoted words originated?
    • dreid8966
    • By dreid8966 11th Oct 16, 11:43 AM
    • 3 Posts
    • 0 Thanks
    dreid8966
    I wouldn't want to withhold the rent, as I will be paying through Credit Ladder, instead, the agent / landlord would have to repay me a certain amount. So that it is clear at a later date that I was not simply withholding rent.

    Both extracts are from the"Assured Shorthold Tenancy Agreement".[/B]

    When I contact the Agent, which I have done so multiple times, they always say that the internet will be installed in a couple of days. But we are coming up to a month now...
    I've had emails, as well as physically calling into the branch to see the person in charge of the property.

    I'd argue that no broadband or telephone line goes against "sufficient amount"
    It does expand upon what it means at one stage by sufficient:
    "The Landlord has calculated a fair and reasonable usage of utilities per Tenant in the
    Property based on Ofgem calculations of the average person's usage of gas, electricity
    and water. The Landlord has deemed as fair the maximum usage of these utilities to
    be 1.5 times the average person's usage. In the event that the Tenants exceed the
    maximum as set out in the Policy the Landlord reserves the right to charge the Tenants
    for such excess payment to be received within 14 days of invoicing."
    Last edited by dreid8966; 11-10-2016 at 11:47 AM.
    • Yorkie1
    • By Yorkie1 11th Oct 16, 8:48 PM
    • 11,036 Posts
    • 20,633 Thanks
    Yorkie1
    Looking at the construction of the sentence, I do not think that "a sufficient amount" refers to the landline / BB; the use of "and" before "water" implies that the sufficient amount refers to just those three first items.



    The LL then agrees to provide a LL, BB etc.
    • robatwork
    • By robatwork 11th Oct 16, 10:03 PM
    • 3,356 Posts
    • 3,563 Thanks
    robatwork
    All hinges on the definition of a sufficient amount of interne
    • dreid8966
    • By dreid8966 12th Oct 16, 9:29 AM
    • 3 Posts
    • 0 Thanks
    dreid8966
    Surely that would not make sense, they are agreeing to provide "a telephone line, broadband and TV license"
    With the other extract reading: "The landlord is responsible for paying all reasonable charges for the following: Gas, Electricity, Water, Internet, Phone, TV Licence bills included"

    As of the moment, they have not provided broadband etc. Which from the extract is in violation of the contract.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,641Posts Today

5,689Users online

Martin's Twitter