Advice on agreeing a mutual surrender

Anne2

G_M wrote: »

If it were not for thebreak clause, I would be saying that this is entirely a matter between you and your electricity supplier.

That is a contractual relationship which is nothing to do with the Landlord.

It is not that rare for flats/meters to get confused. annoying, troublesome yes - but ultimately it can be resolved.


But surely the fact that the set up was dodgy in the first place (ie; there was only 1 supply to the house and one flat was being supplied throught a stolen meter) makes the landlord responsible??!

The tenancy agreement says the landlord must "keep in repair and proper working order the installations for supply of electricity." By letting us move in to the flat with the supply as it was, has he not broken that part of the contract.

What you said about the break clause sounds promising (I think!!). I am trying to get my head around it! Are you saying that because it has not been written in equal terms, I can therefore contest it?

Thanks so much for all your thoughts an advice!

ValHaller

Anne2 wrote: »

The tenancy agreement says the landlord must "keep in repair and proper working order the installations for supply of electricity." By letting us move in to the flat with the supply as it was, has he not broken that part of the contract.

You seem to be slipping into a common misconception which is that if one side of a contract breaches it, the other side is free to regard the whole contract as void.

Your contract is far from breached in its entirety and you are entitled to have the breach rectified.

tim123456789

ValHaller wrote: »

You seem to be slipping into a common misconception which is that if one side of a contract breaches it, the other side is free to regard the whole contract as void.

Your contract is far from breached in its entirety and you are entitled to have the breach rectified.

or more to the point:

the other party is entitled to be allowed to rectify the breach

tim

G_M

But surely the fact that the set up was dodgy in the first place (ie; there was only 1 supply to the house and one flat was being supplied throught a stolen meter) makes the landlord responsible??!

The tenancy agreement says the landlord must "keep in repair and proper working order the installations for supply of electricity." By letting us move in to the flat with the supply as it was, has he not broken that part of the contract.

What you said about the break clause sounds promising (I think!!). I am trying to get my head around it! Are you saying that because it has not been written in equal terms, I can therefore contest it?

Thanks so much for all your thoughts an advice!

I may have misunderstood the problem then.

My understanding was that there were two meters (one keymeter & one 'normal' billed meter paidby direct debit).

For reasons not explained, there was a mix up of which meter supplied which flat. This should be resolved between the account holders (occupants of the flats) and the electricity company.

If, however, the issue is that there is only one supply for the building, and only one meter, then yes, the landlord needs to rectify that in conjunction with the building freeholder.