Broadband in a rental property

wdv

Hello
Hoping someone can give me some advice.

Last month i commenced renting out my house. The rent is all inclusive and covers council tax/water etc/tv licence. The tenancy agreement does state that any additional charges racked up on phone/internet will be passed onto the tenant.

There is a telephone line and broadband service to the property which currently i am still paying for. I have concerns however that i am liable for all internet activity they perform, and as such wish to resolve this.

My initial thoughts are to write to the tenants, serving them of 14 days notice of termination of these services, and advising them they are free to establish these services, providing they are within tenancy agreement.

Should they desire to seek internet, they can take out a contract/credit checks etc. More importantly they will be footing the bill, and their name will be on the account.

The tenancy states:
[FONT=&quot]“the Rent” shall be at the rate of [/FONT][FONT=&quot]£xxx.xx pcm[/FONT][FONT=&quot] (per calendar month)[/FONT][FONT=&quot] including rates payable monthly in advance on the 17th day of every month

[/FONT]
[FONT=&quot]You will get the deposit back when this agreement ends and you leave the property, as long as you have kept to all the terms and conditions of the agreement, have paid all the rent and bills for the property[/FONT]

I have also an appendix to this agreement with details of the telephone and broadband (inc. tele number and wireless details). The final line of this states:

[FONT=&quot]Telephone/Internet access is subject to change. 14 days’ notice of any changes will be provided. [/FONT]

So, in summary, i just wish to hear your thoughts on how i should proceed? Would i be ok to write to them to inform them of the cancellation? And then to proceed cancelling it with the service provider?

Thanks for your time and thoughts.

WDV

agrinnall

If I was your tenant I'd be pretty unhappy if I suddenly had to start paying for something that was previously included in the rent. It was probably a bad move on your part to include bills in the first place, but having done so I think you should honour that agreement until the end of the tenancy, then negotiate a new, non-inclusive price for the next tenancy period.

wdv

Hi
Yes but it was a bit of a grey area as the tenancy agreement does not explicity state that these services were included as part of the rent? In the rental notes reference is made to them, but as is a footnote to state these can be disconnected.

My concerns:
(i) they are under my name and thus i am liable
(ii) additional costs they can incur

Many thanks
wdv

00ec25

is the property a Home in Multiple occupation (HMO)?

if not then you should not have included thde council tax at all as the tenmant is always legally liable for it not the LL. In fact if the council find out they may refund the CT to you and then send a bill to the tenants - there have been posts to that effect on this forum user CIS who works in CT for a council

as for the BB then I understand your fears and if it was me I would seek to negotiate a change with the tenants.

However, I do not think you have a clear case, you seem to have implied that you wil pay all bills, so if there usage is high then there is nothing in your TA extract that allows you to recoup "excess" costs at all. Consequently if I was the tenant then I might agree to takle on the BB and phone bill but only in return for a reduced rent

malcolmffc

Utter madness that you chose to include the bills in the rent. Did you include the gas and electric too? If so, what are you going to do if they run the heating on full 24 hours a day?

wdv

There are two cousings renting the property?

Sorry i should state the property is in N.Ireland so it is Rates- does this differ for legislation? My estate agents hired to find and place the tenant included the rates in the monthly rental fee?

In addition to the TA i have stated:
[FONT=&quot]This means that any telephone calls made from the handset will be billed. These costs will be transferred to you on or around the 20th day of each calendar month. An amendment/addition to your rent should then be made to cover these costs.[/FONT]

[FONT=&quot]The internet in the property is provided by o2. The wireless router is located in the hallway. Details of the wireless access point are located on the base of the router. The Internet package should provide adequate download limits for daily email/web browsing and streaming music. You get a download speed of around 5.0 meg. Any additional costs will be transferred to you on or around the 20th day of each calendar month.[/FONT]

The TA does not explciity state what is included:
[FONT=&quot]“the Rent” shall be at the rate of [/FONT][FONT=&quot]£xxx.xx pcm[/FONT][FONT=&quot] (per calendar month)[/FONT][FONT=&quot] including rates payable monthly in advance on the 17th day of every month. [/FONT]

Hence this is something of a grey area?

Thanks 00ec25 for your help on this.

wdv

hi malcolm
I did not explicity state that these would be included in the rent?

The electric is via pre paid top up.
The heating is Oil fired central heating, of which a reading of the oil levels were recorded and signed off prior to the commencement of the tenancy?

Thanks
WDV

G_M

From what you've quoted you have an appalling tenancy agreement. Where on earth did you find it?!

Mad to include bills - tenants can plug in high use electric heaters 24/7 all winter, leave the oven on all night, etc etc and you pick up the bill!

You've included telephone/broadband. If not explicitly, then implicitly. Yes, you can switch provider if you wish " Telephone/Internet access is subject to change. 14 days’ notice of any changes will be provided. " but you cannot cut it off, transfer into their names.

The rent is all inclusive and covers council tax/water etc/tv licence.

what exactly does this mean? "water etc"!! electricity? heating? oil? what?

olly300

wdv wrote: »

There are two cousings renting the property?

Sorry i should state the property is in N.Ireland so it is Rates- does this differ for legislation? My estate agents hired to find and place the tenant included the rates in the monthly rental fee?

In addition to the TA i have stated:
[FONT=&quot]This means that any telephone calls made from the handset will be billed. These costs will be transferred to you on or around the 20th day of each calendar month. An amendment/addition to your rent should then be made to cover these costs.[/FONT]

[FONT=&quot]The internet in the property is provided by o2. The wireless router is located in the hallway. Details of the wireless access point are located on the base of the router. The Internet package should provide adequate download limits for daily email/web browsing and streaming music. You get a download speed of around 5.0 meg. Any additional costs will be transferred to you on or around the 20th day of each calendar month.[/FONT]

The TA does not explciity state what is included:
[FONT=&quot]“the Rent” shall be at the rate of [/FONT][FONT=&quot]£xxx.xx pcm[/FONT][FONT=&quot] (per calendar month)[/FONT][FONT=&quot] including rates payable monthly in advance on the 17th day of every month. [/FONT]

Hence this is something of a grey area?

Thanks 00ec25 for your help on this.

These clauses should not be in addition to the tenancy agreement they should form part of it.

What you are missing is a clause that spells it out to them that if they engage in any illegal activity i.e. downloading illegal stuff, hacking then they will be legal liable for it.

This allows you to chase them if O2 turn around and prosecutes you in a civil case. In terms of a criminal case you have to give their names to the authorities anyway but it would make it easier if it was explicitly stated in the agreement.

I've seen similar clauses in hotel and B&B internet connection contracts.

olly300

wdv wrote: »

hi malcolm
I did not explicity state that these would be included in the rent?

The electric is via pre paid top up.
The heating is Oil fired central heating, of which a reading of the oil levels were recorded and signed off prior to the commencement of the tenancy?

Thanks
WDV

That means nothing.

Do you pay for the top ups or do the tenants?
Do the tenants have to pay for the oil and make sure it's left at the same level when they leave?

wdv

Hi all
The tenancy agreement was drawn up by an established estate agents, and which they charged quite a sum of money. As such i was under the belief it was satisfactory.

The tenants pay for electric via top up card. It runs out, no electric. The heating oil was recorded at commencement of let, and TA states oil levels are to be returned to the original start level (and independently verified by estate agents).

Getting back onto the topic of the internet, whether they or I pay for it is up for discussion, and i have sought the estate agents clarification on this (as it is they who drew the agreement). I think i am safe however to state i should seek to immediately transfer the ownership of this into their names, to protect myself from any legal issues should they arise.

Regards,
wdv