Broadband in a rental property

olly300

wdv wrote: »

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.

I could write you a tenancy agreement if you like.

The point I'm making is that tenancy agreements don't have to be written by a legally trained person and most estate agents and letting agents involved in letting are not solicitors.

wdv wrote: »

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).

There was no need to mention these on the thread as this just confused people.

What posters were asking you were what bills were included in the rent as when rents include bills, the bills included varies from landlord to landlord.

wdv wrote: »

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.

As a tenant I would refuse this.

The point I'm making is that you cannot force the tenants to take on the responsibility after you both signed a legally binding agreement that you, as the landlord, would pay for the broadband and it would be in your name.

To encourage the the tenants to take on the responsibility I would give them a month free broadband.

G_M

wdv wrote: »

Hi all

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

YOU are the landlord. The contract /tenancy agreement is between you and the tenants. The agents are just... agents acting on your behalf.

Ultimately, the terms of the contract (ie included / excluded broadband) are a matter between you and your tenants.

Both by the implicit wording of the TA, as well as by precedent (you've already been paying for the broadband) the tenants have a legal right to inclusive BB.

If you tried to force this (to immediately transfer the ownership of this into their names, ) and if I were your tenant, I would sue you.

And win.

Best advice is olly's:

To encourage the the tenants to take on the responsibility I would give them a month free broadband.

This can only be done by negotiation/agreement.

Except that they already have free BB, so you'll need to offer something more! ("There is a telephone line and broadband service to the property which currently i am still paying for.")

Lizling

If I were your tenant, I'd consider that we had a contract where internet bills were included. It says 'subject to change' not 'subject to change or termination.' I'd understand that to mean that the provider, speed or usage limits could change, but not that free (from my point of view) internet could be withdrawn at 14 days' notice!

I would insist you honoured your side of the contract until the year or 6 months was up and would not allow you to transfer the bills to my name before then.

dimbo61

Many broadband providers want a 9/12/18 months contract!
If you are only offering a 6 months AST as a tenant I would not want to sign up to an 18 months BT infinity deal.
The tenant could end up paying for the broadband long after they have left the property.
Solution !!!! Speak to YOUR BB provider and change the plan if need be so you dont get hit with a HUGE bill or ask for a cap on usage.
You might be looking at £10/15 Extra for unlimited internet and block 0890/0870/0844 numbers/ international calls ETC

wdv

Am i able to pass additional costs onto the tenant?
Can i revise the tenancy agreement to include additional clauses?

rpc

wdv wrote: »

Can i revise the tenancy agreement to include additional clauses?

If they agree or if it comes to an end and you both sign a new one.

You cannot unilaterally change the contract.

sniggings

depending what you are charging for rent, I think including the TV and broadband was a bad move.

Have you asked the broadband provider what charges are likely if they were to go over, it may not be that much extra for a full package, you could keep an eye on it for a month to see what they are using, not many people go over the allowance.

The phone though I would get out of your name, your contract does say access is subject to change so from my inexperienced view point I would think it fair that the contract wording does cover that.

I have to say though that your contract should not be bringing up all these questions if it was done correctly, I would start worrying I had chosen the correct agents and would be keeping a very close eye on them from now on.

G_M

sniggings wrote: »

I have to say though that your contract should not be bringing up all these questions if it was done correctly, I would start worrying I had chosen the correct agents and would be keeping a very close eye on them from now on.

Hear hear!

Annisele

I agree with others that it sounds as though your real problem is with the agents, not the broadband. If they've come up with an "all inclusive" tenancy agreement, I'd be concerned about what else they've come up with.

You can't revise your current tenancy agreement to include new clauses - except by agreement with your tenant. Just like your tenant couldn't unilaterally decide that they were going to pay less rent from now on.

Fire_Fox

Join a landlord's association and sack your letting agent, next time use an AST that has been checked by a solicitor. Adhere to the letter and spirit of your rubbish AST, it is hugely unfair to try to palm off extra costs onto your tenants who are stuck in a legally binding contract because you now realise you messed up. It's only a grey area because YOU didn't research and YOU appointed amateur agents, the tenants are not at fault. :mad:

I don't understand why you would say the rent is all inclusive when the energy is not included, nor why you would make your own life difficult by having any bills in your name that do not need to be. If this is a regular shared house the tenants should be registered for and paying TV license and council tax, if it is an HMO I hope you have a license.