Letting Agent charging to change utilities providers

sazerr

I have recently moved into a new flat, and was about to embark on finding the cheapest utilities providers. However, the letting agent's 'handbook' for the house says that if the providers are changed we will be charged £50 for each utility at the end of the tenancy for them to be changed back. There is absolutely no mention of this in the tenancy agreement - it only says that written permission is required from the agent before the change is made. Does anyone know if they are allowed to do this, and whether they could enforce this? Thanks very much.

BitterAndTwisted

You are the person paying the bills so you are fully entitled to decide who your provider is. Don't ask for permission, just tell them who the provider is when you leave. I would say that that clause in the handbook is unenforceable if it's not in your tenancy agreement. In fact, even if it was I would say the same. If they try to make a deduction from your security deposit for this, just dispute it.

olly300

The reason the letting agent wants written permission is in case you change the providers and don't tell them.
However it's very easy to find out the providers of any property though it does take 2 short phone calls.

I would dispute any charge as BitterAndTwisted said if they questioned your change, and I would also send a copy of your handbook to the local trading standards with a complaint.

poppysarah

That would be an unfair term in my book!

It's not in the tenancy itself so not really a term.

leachyd

I'd say that contractually it would be enforcible, but only on the basis that the contract states thatother rules charges are identified in the "handbook" and that you were able to view the handbook before signing. If you were prevented from/were unable to viewing the handbook before signing then the rules etc in the handbook do not make up a valid part of the contract. Anyway, it seems ridiculous, so you can just argue the toss the the LL

olly300

leachyd wrote: »

I'd say that contractually it would be enforcible, but only on the basis that the contract states thatother rules charges are identified in the "handbook" and that you were able to view the handbook before signing. If you were prevented from/were unable to viewing the handbook before signing then the rules etc in the handbook do not make up a valid part of the contract. Anyway, it seems ridiculous, so you can just argue the toss the the LL

It may be contractually enforceable on a legal basis but once the letting agent realises you have reported them to trading standards they will be much less inclined to enforce that clause.

After all it was only after lots of landlords reported Foxtons who they were using as an agency to trading standards, were Foxtons taken to court and lost.

princeofpounds

It is not enforceable. It might be contractually valid but it is almost 100% certain to be regarded as an unfair term in a consumer contract.

www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

Only the courts can judge on the issue (or the arbitration service if you both use that route) but the guidance from the OFT is pretty clear and there is plenty of case law around on this I believe.

sazerr

This is really helpful, thanks to everyone who has replied. My instinct was that this was totally unfair, but it's really reassuring to have that backed up