Water rates included in service charge - who pays?

shep1234

I really hope someone can help me as im going through a dispute with my landlord over my deposit money which is currently being held in the DPS.

After leaving the rented flat I was in for 18 months, the landlord decided that I owe them £387 for water for the time I lived there. The water rate has always been included in the service charge and water bills were in there name - I have never received a bill to pay for water. They claim it is stated in the contract that I need to pay for gas, electric and water.
There was no meter as its one main tank for the whole building therefore I would never be able to know how much water I have used to pay for this..Firstly there was no gas (suggesting this is a universal document and not specific to the property) and secondly at the time of signing the contract, there was no mention of additional charges to cover this water rate that comes out of their service charge. They are now trying to take this money out of my deposit...???

Are they allowed to do that? Do I need to pay this after 18 months of no arrangement with the landlord to pay this?? Surely this is wrong..

Any advice would be much appreciated!

dmg24

What does your contract say?

Cardew

As said above, it depends on your contract if water is included in the service charge.

You don't have to 'know how much water' you use as your charges could be based on the Rateable Value(RV) of the flat.

However you should have a detailed bill showing how the £387 has been calculated.

Fire_Fox

I think the landlord would have a job enforcing the tenancy agreement as it will be in his long lease that he is responsible for the water rates. Why were you not charged for eighteen months?

Gothicfairy

The question really is: What does your contract say ?

If you are responsible for the water charge and they (the landlord) can prove it then any water company can and do back bill for 6 years..So really the answer is > Yes. If you are responsible then the water company can bill you
If however you paid WATER in your service charge and can prove that ,then the water company can bill the landlord/owner.
Although without a meter I am guessing you are on Rateable Value and if that is the case then the tenant is normally made to pay as the bill is simply for the property.
Did the service charge say water was included ? What was the service charge for ?

I think at this point it would be worth calling the water company and seeing what they have to say as at the moment all you have is your landlord/ owners word for it.

shep1234

Thanks for everyones feedback..

I have checked my contract and it mentions the water rate however after checking with the agency that I had the contract with originally they have confirmed that this is a general contract and it is the landlord that should pay this. At the time of signing the contract there was no mention of additional charges to cover the water rates. Also, I have contacted the water company who tell me that the water is through the management company that deal with the other service charges so I cant have a bill in my name.

I have later learned that the landlords are now trying it on with new tenants in the flat and after them signing the contract, 5 weeks later they text the new tenants asking for an extra £20 to cover the water...they never asked for more money in the whole 18 months I was there...the first time I heard about this was when I asked for my deposit to be released....funny that. Surely thats against the law to hold my deposit for a bill thats already been paid and never in my name?

DVardysShadow

shep1234 wrote: »

.... I have checked my contract and it mentions the water rate however after checking with the agency that I had the contract with originally they have confirmed that this is a general contract and it is the landlord that should pay this.

Nice to have the agency on side. But the contract overrules the agency. So what does the contract say?

Mankysteve

If the contract says your liable for water charges your liable for water charges regardless as to whether its a general contract or not. your contract is a contract. Now i would demand a written statement of how he calculated the rate.

shep1234

It states that I am liable to pay utilities which I am not disputing and I would gladly pay the water bill (if I ever received one in my name). The water has always been included in the service charge. i have contacted the water company and they are unable to give me details due to Data Protection, but only that this bill is through a management company so also clarifying the point that even if I wanted to pay for the water I used in the property and requested a bill for the time I was there in my name I wouldnt be able to as its already been paid!

Cardew

Simply write to the landlord and state that until you have a detailed breakdown of the bill you are refusing to pay it.

If they illegally deduct it from your deposit, take them to the small claims court.

cbrecruit1

Hi

If it say in the tenancy you have to contribute towards service charge then you are liable if it say any thing about water rates that you have to pay even if it in the service charge you have to pay.

Most tenants don't relies that because you are enjoying communal clean lighting etc then you can be liable for cost however it must be in the tenancy agreement. They must show you the cost and get letter from the Manangment company with all cost to you. But the amount seem very high!

You cant expect the Landlord to pay for your water usage?

regards