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Please help - LL not paying utilities bills - is it a breach of contract?
nickmason
Posts: 848 Forumite
I'm looking for some guidance.
I am in an AST for a property (in England). I have left the property, as my partner and I broke up, but I am still on the contract. We have (authorised) sub-tenants in two of the rooms.
Our contract with the LL states that she will pay the bills. (We make a fixed payment for utilities as well as the rent).
The LL has continually failed to pay the gas bill. We have had a visit from bailiffs in the past (after which we paid the bill and reclaimed it from our LL), and numerous threats that the gas will be disconnected.
The gas has never been disconnected, however my ex is understandably stressed that to lose heating (inc hot water and cooking facilities) would be extremely uncomfortable in this climate. The welfare of our sub-tenants is also a concern.
I am aware that the LL could be playing it close to the wire, and not want us to settle the bill for them (I think she is debating the bill with BG).
We have raised this with our LL, but she is not replying.
My question is:
1) is the failure to pay the bill such that disconnection is threatened a sufficient breach of contract that we could terminate the contract?
2) if we pay the bill, does that damage our contractual position?
On a secondary point, she is trying to sell the house, having told us that it was off the market. She has said she would let us leave if she can find new tenants, and to facilitate this we agreed that her agency could show potential tenants round. A number have been round, but it seems that they have been buyers, not tenants, as the property is still on the market and has not been "approved" for letting by the agency. Does this constitute a breach of terms, of our right to "quiet enjoyment of the property"?
Many thanks
N
I am in an AST for a property (in England). I have left the property, as my partner and I broke up, but I am still on the contract. We have (authorised) sub-tenants in two of the rooms.
Our contract with the LL states that she will pay the bills. (We make a fixed payment for utilities as well as the rent).
The LL has continually failed to pay the gas bill. We have had a visit from bailiffs in the past (after which we paid the bill and reclaimed it from our LL), and numerous threats that the gas will be disconnected.
The gas has never been disconnected, however my ex is understandably stressed that to lose heating (inc hot water and cooking facilities) would be extremely uncomfortable in this climate. The welfare of our sub-tenants is also a concern.
I am aware that the LL could be playing it close to the wire, and not want us to settle the bill for them (I think she is debating the bill with BG).
We have raised this with our LL, but she is not replying.
My question is:
1) is the failure to pay the bill such that disconnection is threatened a sufficient breach of contract that we could terminate the contract?
2) if we pay the bill, does that damage our contractual position?
On a secondary point, she is trying to sell the house, having told us that it was off the market. She has said she would let us leave if she can find new tenants, and to facilitate this we agreed that her agency could show potential tenants round. A number have been round, but it seems that they have been buyers, not tenants, as the property is still on the market and has not been "approved" for letting by the agency. Does this constitute a breach of terms, of our right to "quiet enjoyment of the property"?
Many thanks
N
0
Comments
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LL bad.
Ring CAB/shelter
Sounds very stressful0 -
poppysarah wrote: »LL bad.
Ring CAB/shelter
Sounds very stressful
Thanks - have been trying to get through but permanently engaged!
And thanks for the sympathy :A - I was getting a bit confused as to why it was so stressful - it's nice to know that others can see the stress...0 -
Any deviation from a normal peaceful existance is stressful. Today's been really bad for me but nothing to do with housing for a change
0 -
Will you pay my gas bill too?
Then why have you paid the LL bill?
You say you think the LL is in dispute with the supplier over the bill, so (a) the LL is probably not best pleased you paid the money to the supplier and (b) I'm surprised the LL reimbursed you.
As you are not the debtor, a bailiff cannot demand any money from you (or take any of your godds etc).
If the amount is truelly in dispute, then the gas company cannot disconnect until the dispute is addressed.
Even then, disconnection can only occur with a court order.
If the failure to pay the bill is because it is in dispute, then the amount billed is not owed as it is in dispute."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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