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HELP, New home has prepaid gas and electric

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  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Wywth wrote: »
    But they could deduct from the security depost the cost (if any) of putting the property back to the condition it was originally let (fair wear & tear excepted) if the tenant fails to do so by the end of the tenancy agreement. ;)

    The best way is often to simply ask the landlord for permission before any change takes place. Unless the LL has reasons othewise, they will probably not care if PPMs are removed and replaced with credit meters ... or even wlcome it.
    It actually often improves the lettability of a property let under an ASTA if it is fitted with credit meters :)
    The "property" does not include the meter which is not owned by the landlord. The Tenancy Deposit Scheme will not allow landlords to deduct amounts from the tenants deposit to change gas and electric meters to/from credit or prepayment.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Wywth
    Wywth Posts: 5,079 Forumite
    HappyMJ wrote: »
    The "property" does not include the meter which is not owned by the landlord. The Tenancy Deposit Scheme will not allow landlords to deduct amounts from the tenants deposit to change gas and electric meters to/from credit or prepayment.

    The deposit can be used to put the property back into the condition it was originally let (fair wear and tear excepted). It doesn't matter who owns what.

    As I said, just ask the landlord beforehand for their permisson and you won't get any grief when it comes to getting your security deposit back :)
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Wywth wrote: »
    The deposit can be used to put the property back into the condition it was originally let (fair wear and tear excepted). It doesn't matter who owns what.

    As I said, just ask the landlord beforehand for their permisson and you won't get any grief when it comes to getting your security deposit back :)
    It does matter who owns what. The metering is not owned by the landlord.

    A tenant could install a water meter (once in property for 6 months). That water meter is the property of the water company. Once a meter is installed it cannot be removed. No charges can be made to the tenant for the losses incurred to the landlord if having a meter was a bad choice in the first place for example due to the rateable value producing a bill lower than any metered bill could ever be. All future occupiers will now be subject to water metering including the landlord if they wish to reoccupy the property. The property cannot be returned in the same state it was let and no charges can be made on the tenants deposit.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Wywth
    Wywth Posts: 5,079 Forumite
    HappyMJ wrote: »
    It does matter who owns what.

    No it doesn't.

    What is important is that the tenant returns the property to the LL at the end of the tenancy agreement in the same condition as it was originally let (fair wear & tear excepted)

    If it isn't then the LL may use the security deposit to recover the actual costs incurred in returning it to that condition. That's why a security deposit is taken.

    As I said, all this can be avoided by seeking the LL's permission beforehand :)
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Wywth wrote: »
    No it doesn't.

    What is important is that the tenant returns the property to the LL at the end of the tenancy agreement in the same condition as it was originally let (fair wear & tear excepted)

    If it isn't then the LL may use the security deposit to recover the actual costs incurred in returning it to that condition. That's why a security deposit is taken.

    As I said, all this can be avoided by seeking the LL's permission beforehand :)
    I give up...Speak to Office of Fair Trading regarding unfair terms in a tenancy agreement. The tenant has the right to choose the utility supplier. The supplier has the right to choose which meter is installed. http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Wywth
    Wywth Posts: 5,079 Forumite
    edited 24 December 2012 at 3:54PM
    HappyMJ wrote: »
    I give up...Speak to Office of Fair Trading regarding unfair terms in a tenancy agreement. The tenant has the right to choose the utility supplier. The supplier has the right to choose which meter is installed. http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

    Is that a promise?

    Theres nothing I can see in that report that contradicts what I have already posted.
    The tenant should have the choice of supplier although he may be required to keep the landlord informed of any change and to return the account to the original supplier at the end of the tenancy.
    and
    The tenant is responsible for any reasonable costs reasonably incurred required to compensate the landlord for any breach of obligation on the tenant's part.
    Interesting though to see the OFT recommends a TA term as being:
    Before the deposit is refunded by the agent on behalf of the landlord, the tenant must be able to demonstrate that bills for charges for water, gas, electricity and telephone services, for which he is liable for the duration of the tenancy, have been paid.
    and also
    At the end of the tenancy, the landlord may use the deposit to pay unpaid accounts or charges for water, electricity or gas or other fuels used by the tenant in the premises, unless lawfully withheld by the tenant.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Wywth wrote: »
    At the end of the tenancy, the landlord may use the deposit to pay unpaid accounts or charges for water, electricity or gas or other fuels used by the tenant in the premises, unless lawfully withheld by the tenant.
    That term is if the bills are in the landlords name, billed to the tenant separately to the rent and those bills have gone unpaid.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Wywth
    Wywth Posts: 5,079 Forumite
    HappyMJ wrote: »
    That term is if the bills are in the landlords name, billed to the tenant separately to the rent and those bills have gone unpaid.

    Where does it say that?

    More importantly, where does it say anything that contradicts what I had previously posted???
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    edited 24 December 2012 at 4:20PM
    Wywth wrote: »
    Where does it say that?

    More importantly, where does it say anything that contradicts what I had previously posted???
    How about looking at the quoted bit in context...

    The bit where you quoted

    The tenant should have the choice of supplier although he may be required to keep the landlord informed of any change and to return the account to the original supplier at the end of the tenancy.

    is under the title

    Table 4.2 Examples of potentially unreasonable prohibitions

    It also says
    "Potentially unreasonable restriction"

    [The tenant must not] change the utility supplier without the landlord's consent in writing.
    Way of revising term
    "Term Deleted."

    http://www.guardian.co.uk/money/2012/aug/23/tenants-barred-changing-energy-suppliers
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Wywth
    Wywth Posts: 5,079 Forumite
    HappyMJ wrote: »
    How about looking at the quoted bit in context...

    The bit where you quoted

    The tenant should have the choice of supplier although he may be required to keep the landlord informed of any change and to return the account to the original supplier at the end of the tenancy.

    is under the title

    Table 4.2 Examples of potentially unreasonable prohibitions

    It also says
    "Potentially unreasonable restriction"

    [The tenant must not] change the utility supplier without the landlord's consent in writing.
    Way of revising term
    "Term Deleted."


    That doesn't say anything about it being in the LL's name.

    I think you are imagining things you want to read rather than what is actually written ;)
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