Admin charge for moving suppliers in new apartment

iblametheparents

I'm moving in to a new apartment next week and have found the following in my contract:

"Shall not (nor allow others to) arrange for the transfer of the supply of any utility or service such as Gas, Electricity, Telephone, Water etc. Where the Tenant arranges for such a transfer the Landlords' Agent reserves the right to make an administrative charge of £75.00 payable by the Tenant"

Is this clause actually enforceable? I thought that whoever pays the gas/electricity has a choice in who supplies it?

Any advice appreciated.

DVardysShadow

Did you find it before you signed or after?

ifonlyitwaseasier

i'd say thats an unenforcable clause, have you signed the contract yet?

iblametheparents

No, we haven't signed yet.

ifonlyitwaseasier

then i'd call the agent and advise that you want that term removed and a new contract sent out. they'll either do it without arguing or they;ll try anmd state it's a right, if they do tell them it would be unenforcable in court as it breaches your right to choose your own suppliers.

and good luck!

dmg24

Some managing agents have arrangements with utility suppliers to receive their services at a reduced rate. If this is the reason for the clause, it is likely that it would be enforceable.

No one can say whether a court would find a clause to be reasonable or not. However, I am not aware of any law that states that a person must be able to choose their own supplier!

You need to contact the agent and ask the reason for the clause. If you start telling them what a court will do, when you don't really know for sure, they are likely to show you the door.

adprob

The managing agents / landlords CAN dictate who the supply is through or if you are allowed to change. When you rent the property you do in on THEIR terms and if you want this property you need to agree to their tenancy agreement

Cardew

dmg24 wrote: »

Some managing agents have arrangements with utility suppliers to receive their services at a reduced rate. If this is the reason for the clause, it is likely that it would be enforceable.

No one can say whether a court would find a clause to be reasonable or not. However, I am not aware of any law that states that a person must be able to choose their own supplier!

You need to contact the agent and ask the reason for the clause. If you start telling them what a court will do, when you don't really know for sure, they are likely to show you the door.

The more likely scenario is the managing agents get commission putting all their tenants with a utility supplier - often at unfavourable rates to the tenant.

They could even be an 'independant distributor' of a company who charge just about the highest gas and electricity prices in UK.

That said I doubt if the practice is illegal. If the flats are privately owned by individuals, I suspect the owners would not be aware of this 'arrangement'.

tizhimi

I just had this debate with my OH, our contract states we can't move supplier.... Yeah right(!)

Nah, I've moved our electric (no gas in our place). Face. Bovvered. If they had such a problem with it I'll find out when we move out...

Nah its just agencies trying to keep one supplier to keep down the paperwork trail. (I think)

iblametheparents

If I do change, how are the Agents going to find this out? I would change back to the original supplier before I moved out.

DVardysShadow

iblametheparents wrote: »

If I do change, how are the Agents going to find this out? I would change back to the original supplier before I moved out.

You reckon you could be sure it would happen?