Letting agent automatically signing me up to Spark Energy

92203

Good Afternoon,

I'm about to sign a tenancy agreement for a flat I'm hoping to move into very shortly.

On reviewing my tenancy agreement before signing, I noticed some clauses relating to having Spark Energy as my electricity supplier.

A quick google on Spark Energy reveals them to be very pricey and difficult to switch away from. They've even been fined for blocking people from leaving.

Would simply crossing out these clauses be sufficient, or do I need to request a new tenancy agreement?

When I spoke to the Letting Agent who said that I could opt out of it and that they would exclude me from being signed up, however I am reluctant to take their word over what is written in my tenancy agreement.

4.4.15 Disclosure of Tenant’s details to Spark Energy:
4.4.15.1The Tenant acknowledges at the start of the let, the Gas and Electricity for the property will be provided,
or will be in the process of being provided, by Spark Energy.
4.4.15.2The Tenant agrees that the letting agent may pass the Tenant’s name and contact details to Spark
Energy for the purposes of:
a. registering the gas and electricity meters at the property in the Tenant’s name with Spark Energy,
providing gas and electricity to the Tenant and administering the Tenant’s account with Spark Energy.
4.4.15.3Spark Energy will use the Tenant’s details only for the purposes set out above and not in any other
way. Spark Energy will comply with it’s obligations as a data controller in the Data Protection Act 1998
and will handle Tenant’s data in a manner set out in Spark Energy’s standard terms and conditions

8 | P a g e
and/or privacy notice. If the Tenant has any questions regarding details or use of the Tenant’s data
held by Spark Energy, the Tenant may contact Spark Energy at Ettrick Riverside, Dunsdale Road,
Selkirk, TD7 5EB or customerservice@sparkenergy.co.uk or 0345 034 7474.
4.4.16 The Tenant may change the Gas and Electricity supplier, but should provide the Landlords Agent with
details of the new supplier within fourteen days of any change being made.

saabay

Cross it out and initial the alteration. You'll need to get written confirmation or, even better, see the part signed by or on behalf of the Landlord to ensure that both parts of the agreement are the same.


Just say you won't sign it with those clauses included and then you are safe.

rpc

spark will pay them a bung for putting you on a spark tariff. The only people that like spark are agents.

Strike through the clauses and get the LA (and you) to initial them. Make sure you have a copy of the amended contract.

I expect the LA might try to swap anyway so keep an eye on things. Best idea would be to start a swap right at the start of your tenancy both to get cheaper energy and to block spark taking over.

Bluebirdman_of_Alcathays

As above, remove this (probably unfair) term from your contract, and get the LA to acknowledge this.

A likely problem is that once you sign that tenancy agreement, you enter a deemed contract with the incumbent supplier. If that supplier is Spark, you may well suffer their appalling prices and service.

Find out who is the incumbent supplier

http://www.ukpower.co.uk/who-supplies-my-gas-and-electricity

and register with them as soon as you get a chance, giving initial meter readings. Read the meter yourself, do not rely on previous tenants or letting agents figures!!

Pixie5740

If you are responsible for paying the utilities then you can use whatever suppliers you like. Your LL or and agent acting on his/her behalf cannot make you use a particular supplier.

theartfullodger

My wife had a house she rented to tenants. Spark were signed for a bung by agent who I will never do business with again.

Spark were a nightmare.

Ignore the clauses and move your account when you move in.

I will never do business with Spark.

Bluebirdman_of_Alcathays

theartfullodger wrote: »

My wife had a house she rented to tenants. Spark were signed for a bung by agent who I will never do business with again.

Spark were a nightmare.

Ignore the clauses and move your account when you move in.

I will never do business with Spark.

...you would be forced to do business with them if you're in a deemed contract with them.

http://www.utilityweek.co.uk/news/the-ins-and-outs-of-deemed-contracts/804812

And the OP most likely will not be able to move supplier until they register with a supplier - the OP should register with the incumbent supplier when they move in.

rpc

Bluebirdman_of_Alcathays wrote: »

As above, remove this (probably unfair) term from your contract, and get the LA to acknowledge this.

I don't see that it is unfair. The tenant is agreeing to have the supply moved to a particular supplier. It would probably be unfair if they were prevented from later changing that supplier, but this contract explicitly allows the T to change supplier.

You remove the clause, the LL no longer has permission to change the utility supply or provide personal data to Spark.

Or you leave the clause, the LL switches the supply over with permission. Then you realise Spark are ****ers and move away. It costs you a bit more.

sheff6107

You can try crossing it out but I suspect they'll just transfer you across as a matter of course. There's every chance Spark already supply to the property anyway from the previous tenants.

csgohan4

4.4.16 The Tenant may change the Gas and Electricity supplier, but should provide the Landlords Agent with
details of the new supplier within fourteen days of any change being made.

Please note it is not binding and you can change suppliers. Whatever you do do not set up a direct debit with Spark, only pay what you use in the meantime while waiting to be switched elsewhere.

MSE Energy Club is a first port of call

KingS6

The nightmare is real. As others have stated the LA will be receiving some fat cream for getting you on a Spark tariff. In the unfortunate reality that Spark is the incumbent make sure to only pay on receipt of bill.

Please do keep us posted on how this pans out because this is the first example I've seen where someone may attempt to have the cause removed from the tenancy agreement.