Extra oil in tank at end of rental.

Nixer

Siphon and sell to a neighbour. We benefitted when partner's colleague decided to install gas central heating as we got his leftover oil cheap.

This problem is something I have thought about though, we are in a periodic tenancy and I always wonder what would happen if we were given 2 months notice when we had just filled the tank.

G_M

I'm amazed by these responses.

In house sales, it is standard practice for a house buyer to pay for whatever oil the vendor leaves in the tank.

The fact that the LL agreed the amount of oil at the start of the tenancy implies strongly that at the end of the tenancy a comparison would be made. If the tenant left less than 500 litres the LL would have expected the tenant to pay for the missing amount probobly out of his deposit - and quite right too.

But that works both ways. The LL is benefitting from the oil, either by supplying it to the next tenant (and expecting him to leave the same amount), or by using it himself if he's moving in rather than renting again.

A tank that size probobly gets filled once a year. Impossible to estimate how much to put in to guarantee 500 is left when the tenancy ends. The last top-up may have been 6-9 months ago at which time the tenant may have been planning to stay another year. Then the LL may have given the tenant notice 2 months ago for all we know.

Put your claim in writing, and (this is something I rarely advise) do not pay any further rent if any is still due. If the LL claims rent arrears from your deposit via the deposit protection scheme, counter-claim for the oil.

Failing everything else, sue in the small claims court. There was clearly an implied term in the contract, even if it was not explicit.

Or just drain the oil out into the garden of course......

googler

G_M wrote: »

Or just drain the oil out into the garden of course......

You have GOT to be joking......

G_M

googler wrote: »

You have GOT to be joking......

Yes. :beer:

(but only about the draining.... rest of the post was meant, in case others find it hard to differentiate my warped jokes from my serious advice...

pinkshoes

G_M finally asked the obvious question; Who gave notice to end the rental - you or the landlord?

If it was you that handed notice in to end the rental agreement, then you should have taken the quantity of oil into consideration, so if the LL doesn't want to buy it, then take it with you!

If the LL gave you 2 months notice to move out, then he should pay for the oil, as otherwise it's not very fair.

G_M

Sorry pinkshoes, but I disagree.

Although I used the example of the LL giving the tenant notice as an explanation of why the tenant may have been in no position to anticipate how much oil to order last time he had the tank filled, it does not alter the fact that whoever gave notice to who, at the end of the tenancy there should be a reckoning between the oil held at start/end of contract.

That is why "When we move into this rental it was agreed between the Letting Agent and myself that there were 500 litres in the oil tank....."

Ulfar

G_M wrote: »

Sorry pinkshoes, but I disagree.

Although I used the example of the LL giving the tenant notice as an explanation of why the tenant may have been in no position to anticipate how much oil to order last time he had the tank filled, it does not alter the fact that whoever gave notice to who, at the end of the tenancy there should be a reckoning between the oil held at start/end of contract.

That is why "When we move into this rental it was agreed between the Letting Agent and myself that there were 500 litres in the oil tank....."

Is there anything in your contract to stipulate what happens ?

Nixer

I think oil is usually included in the inventory, if there is one.

Another way in which this is tricky is that oil companies usually have a minimum delivery that they will do. So if your tank is under but not by much you either get a delivery of whatever the minimum is and leave too much, or don't and leave a shortfall. Obviously if your landlord is reasonable you would work out the difference between what's there and what should be there and LL pays for the extra or you pay LL for the shortfall.

swordz

Just to declare a vested interest, I am the son of the original poster.

Nixer wrote: »

I think oil is usually included in the inventory, if there is one.

The oil is included in the (very extensive, down to the number of panes of glass in each window...) inventory, marked as 500 litres.

Nixer wrote: »

Obviously if your landlord is reasonable you would work out the difference between what's there and what should be there and LL pays for the extra or you pay LL for the shortfall.

This was what we were hoping for. Unfortunately it's not going to happen easily...

To Leory (who made a comparison with rinse aid) I would say the difference in price between the 2 makes the comparison untenable.

To theartfullodger (who is wondering whether he'll get his unlisted items back) I would say that the portability of the items is the huge difference. If you had any furniture or large items unlisted, I would expect them back, although proving they were there at this point may be hard. That doesn't change the expectation.

Our point of view is that this is a large sum (a months mortgage/rent payment), on an item the house has to have, which is tricky to move. The easiest way to deal with this problem properly and fairly is to be reimbursed. But then, that's just our point of view.

Our current best course of action may be to hire an oil bowser - apparently you can get one for £100 a day, which for £500 of fuel is definitely worthwhile. It's still a lot of hassle though, which we could do without when we're trying to move house.

Thanks for all the responses though They've been helpful.

Swordz

G_M

As I've said before - sue.

The fact that the oil is on the inventory (new information), makes your case even stronger.