Can Landlord Dictate who Provides your Energy?

Wee_Willy_Harris

GDB2222 wrote: »

I not only expect that tenants will read the agreement, I normally send them a draft in advance. And I'll consider any changes they want to make. I certainly wouldn't sign an agreement without reading it, and I would not expect a tenant to do so either. I'm astonished by your comment.

Whilst I agree with your stance regarding contracts, you know as well as I do that this isn't always shared by others.

Of course, part of the point being made is that if you are going to clause a contract for such minor issues as the electricity provider (and threaten the deposit at the same time), then Dr Scotsman's tenancy agreements will be very weighty and wordy documents indeed.

Wee_Willy_Harris

DrScotsman wrote: »

For a start we've already been over this, GDB says it's not a short phone call. If it is a phone call then what's the problem, because both the tenant and the landlord know that LL can only claim for his losses, and a short phone call is not a loss.

Secondly, I wasn't saying anything other than putting a term like "The tenant will inform the landlord who is supplying the electricity and gas when leaving" in contract. Not "...or you will pay over £9000" into it. Now I don't know what any of your tenancy agreements look like, but a term like that is much less likely to sour the relationship with my landlord than many of the other terms in my tenancy agreement. But maybe it's just me and I'm the only tenant with an LA whose contracts seem very one-sided...oh wait a minute.

Regardless of what others might say, I'd say, having done it myself, that time wise, finding out who the elecricity/gas supplier is and reporting a repair are equitable.

Secondly, you weren't suggesting a simple clause requesting notification, you were suggesting witholding part of the deposit for this inconvenience. I have no idea where you have plucked the frankly ridiculous figure of £9,000 from.

DrScotsman

Wee_Willy_Harris wrote: »

Secondly, you weren't suggesting a simple clause requesting notification, you were suggesting witholding part of the deposit for this inconvenience.

Um...

DrScotsman wrote: »

Even simpler would be just requiring the tenant to tell you who the supplier is when they give their notice (providing the property doesn't have problems being identified by address like mine, in which case I'd go with a bill).

If a landlord doesn't want to have any difficulty they'll put a term like one of these in their contract and there's little way they can lose out.

I did indeed suggest putting in a simple clause requiring notification. I did not suggest mentioning any withholding of deposit in the term.

DrScotsman wrote: »

If the tenant doesn't comply it'd be easy to take the inconvenience caused out of their deposit

Then it's pretty simple. The tenants have breached a term of the contract and the landlord has suffered a loss - inconvenience. Obviously we're in dispute as to whether the loss is negligible or whether it's substantial, but if it's substantial then what exactly is the issue of him withholding part of the deposit?

Wee_Willy_Harris wrote: »

I have no idea where you have plucked the frankly ridiculous figure of £9,000 from.

I was making the point that the amount LL would be entitled to recover would be equal to his loss, and not some random figure plucked out of the air that many contracts do use that are more often than not unfair.

Sarsie

GDB2222 wrote: »

I tend to agree that it's not up to the LL to dictate what energy supplier the tenant uses. However, it's taken me the best part of a day tracing the new energy suppliers for the property after the tenants forgot to mention they'd changed it.

Fair point.

Although I think I have a better idea...

The terns of the deposit could have clause put in to say "When you hand back the keys I expect to see written proof of who your utilities suppliers have been most recently. If you don't, I may end up tracing them myself and so I will withhold £50 of your deposit for each utility not notified.

That way the tennant is onto a better deal because as long as she whips out a copy of the electricity bill and gas bill as she signs the house back then there'll be no loss on the deposit. It's only like when they go back through the inventory with you before refunding the deposit. Just now while you're proving you didn't nick the hoover, you can also whip out a gas bill while you're there.

The landlord gets the security of knowing £100 is gonna put anyone off leaving it all to you, and if you still manage to get a duff tennant then you're quids in for your trouble, all signed and agreed.

Just a thought.

DrScotsman

Sarsie wrote: »

The terns of the deposit could have clause put in to say "When you hand back the keys I expect to see written proof of who your utilities suppliers have been most recently. If you don't, I may end up tracing them myself and so I will withhold £50 of your deposit for each utility not notified.

Now THIS is an unfair contract term.

drc

GDB2222 wrote: »

I tend to agree that it's not up to the LL to dictate what energy supplier the tenant uses. However, it's taken me the best part of a day tracing the new energy suppliers for the property after the tenants forgot to mention they'd changed it. All these tenancies involve a bit of give and take.

I don't know why you think that all LLs are up to !!!!!! little tricks. You've obviously had a bad experience.

Isn't that part and parcel of being a LL i.e. running a business? You actually might have to do a bit of work in order to rent out your property? And as a tenant, I have spent many a day working out who my electricity/gas provider has been when the LL have not been bothered to tell me (as soon as they have my rental money, they seem to become very unhelpful). Bloody cheeky to expect a tenant to go with a certain provider just because it conveniences the LL. If they want a chosen provider they should bloody well pay the bill :mad:.

Sarsie

DrScotsman wrote: »

Now THIS is an unfair contract term.

How are you working that out because I'm not seeing it.

DrScotsman

Sarsie wrote: »

How are you working that out because I'm not seeing it.

Because there is no way that £100 is anywhere near the correct figure for the LL's actual loss/inconvenience, and...

INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR

1. Terms which have the object or effect of-

(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

Like private parking fines, it's an excessive penalty and is unenforceable.

Wee_Willy_Harris

Sarsie wrote: »

The terns of the deposit could have clause put in to say "When you hand back the keys I expect to see written proof of who your utilities suppliers have been most recently. If you don't, I may end up tracing them myself and so I will withhold £50 of your deposit for each utility not notified.

Why stop there?

£50 if you don't provide a forwarding address.
£50 if you fail to notify a mobile number change
£50 if you fail to get your post re-directed

In fact, £50 whenever the LL has to do anything that would normally be done by.... um.... a landlord.

Meanwhile, back in the real world, your reputation as a LL who keeps deposits on the thinest of pretexts soon spreads and your left with the kind of tenants who will trash your house as a matter of principle.

I'd steer clear of being a LL if I was you, you're just not cut out for it.

sequence

I'd just plain ignore any LL who tried to dictate energy supplier.