Daughter given wrong information by private landlord

G_M

There are three (inter-connected) issues:

1) past utility bills
2) future utility bills
3) security of tenure

Let's start with 3):

a) What kind of contract does she have?
b) is it written (or verbal)?
c) what was the (exact) start date?
d) for how long (6 months? one year?) or till what end date?
e) if that date has past, what happened?

The reason for these qustions is that if she makes an issue of this, she might be given notice, so it's important to understand how vulnerable she is.

1) If there was no express agreement about responsibility (written or verbal) then the fact that he has been paying for a year implies (legally) that he is responsible. She does not need to pay.

2) If that is the legal situation historically, it cannot be changed during the fixed term of the contract - see point 3) above. But once the fixed term ends, then the LL can ask the tenant to agree to a new fixed term, with new terms. However, she could simply move to a SPT (see link below) ie a monthly rolling tenancy. The terms of this (including utility bills) would be the same as before. But this is less secure as she can be given 2 months notice at any time.


Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Smi1er

The_shuffs wrote: »

There is nothing in her contract it was the landlord who said it was included and is now saying he made a mistake and got her flat confused with another one so no she has nothing in writing just a text

The LL made a mistake so the solution is simple. The LL is responsible for energy up to now. Your daughter is responsible for it from now. If she doesn't like that then give notice.

G_M

Smi1er wrote: »

The LL made a mistake so the solution is simple. The LL is responsible for energy up to now. Your daughter is responsible for it from now. If she doesn't like that then give notice.

LL cannot just change the terms of the tenancy at any time he wishes....

The_shuffs

It was a 6 month contract which ended in Nov 2013 and since then it has been a monthly rolling tenancy

The_shuffs

That was what I have said to her now she has been made aware she will have to start from today to pay for the G and E

G_M

Since she is now on a SPT (monthly rolling) the terms are as before.

The LL can only change the terms by

1) asking the tenant to agree new terms, and the tenant agreeing.
2) The LL increasing the rent instead of changing the terms for bills. There are procedures for how/when rent can be increased (see link below)
3) giving the tenant notice and finding a new tenant.

Rent increases (how and when can rent be changed)

The_shuffs

Thank u everyone for all the advice as her mum I am taking this to task tomorrow and hopefully will be able to sort the problem out

The_shuffs

Well managed to sort the problem her LL told her he was not going to help pay the G and E arrears of £1059.96 even tho he admitted he made a mistake nice man not anyway EDF have agreed a weekly payment for the arrears and on going G and E once again thanks for all your advice a very hard lesson for my daughter

DRP

The_shuffs wrote: »

Well managed to sort the problem her LL told her he was not going to help pay the G and E arrears of £1059.96 even tho he admitted he made a mistake nice man not anyway EDF have agreed a weekly payment for the arrears and on going G and E once again thanks for all your advice a very hard lesson for my daughter

great outcome ...:eek:

lots of good advice in this thread - did you/she use any of it?

topdaddy_2

So no one paid the bills for all that time?