Landlord problem

flem007_uk

Hi,

I hope you guys can help me.

I have been living in my rented flat for over a year now and was considering extending the tenancy for another six months. A few weeks ago the land lord came around for an inspection and noticed that some of the tiles in the kitchen had become warped and cracked due to water damage. You must understand that this was the kitchen surface by the sink, and there was no draining board.
On seeing this she commented that "something would have to be done about it" and nothing else was said that day. A couple of days later she left us a note stating that she was "quite upset" by the state of the kitchen and wanted the live in handyman to fix it at somepoint and were we going away at anypoint to allow access to the kitchen. Several weeks later we went away, told her we were, and when we got back they had done a lovely job replacing all the kitchen worksurfaces .
She has just got in contact with us and has said that before signing the new tenancy agreement she wants to "settle up" for the previous year. Included in this is apporxinately £800 for the work in the kitchen.

Personally I don't see why we should have to pay this. We never agreed to pay for this and the work needed to be done because of the poor job that had been done putting in the kitchen in the first place.
Admittedly we should have reported this sooner, but in defence this live-in workman (whom lets himself into the property every week without our permission) would have noticed this himself many times.

She has also charged us £400 for gas and electricity. Now it does say we are responsible for our gas and electric in our tenacy agreement, but the flat has no meter and no mention of us having to make any payment has been made for over 12 months. And how has she managed to work out a fee of £400?

Any thoughts on what I should do?

pinkshoes

The £400 for gas and electricity for a year sounds reasonable, so I wouldn't argue about this, but charging you £800 for some tiles in the kitchen is ridiculous!! If it's just the tiles that needed replacing, it shouldn't cost more than £100, as it's not a difficult job, and she should have got several quotes before assigning someone to do the work.

Personally, I would consider this as fair wear and tear on the property, because if there's no draining board, then of course the tile are going to get wet!!! You should point this out to her, and say under these circumstances you are not willing to pay this bill.

I would also suggest that you start looking for somewhere else to live...

flem007_uk

Is there no formula or rules a landlord must follow when working out fuel bills?

Melissa177

400 for the year for the gas and electricity seems reasonable. I would ask to see some bills though, especially since she's trying to push the 800 kitchen bill onto you - I am sure that is wear and tear, you can't expect tennants to treat your home like you might.

It would be a bit like complaining that there are marks in wooden floors because you didn't wear slippers at all times around the house, and that you need to pay for new flooring.

lynzpower

I would have thought they would need to show you the bills or a meter reading.

Otherwise what is to stop them charging you 50k for heating ??

pinkshoes

I don't think there is a formula, but you usually agree something before hand... £400 is just over £1 a day, which doesn't sound horrendous, but I suppose that depends on how big this property is, and how your water is heated etc...! Do some research on the gas/electricity company web pages, and work out approximately how much you use, and make sure you get this agreement in writing with your landlord.

olly300

flem007_uk wrote: »

Is there no formula or rules a landlord must follow when working out fuel bills?

There is a legal framework a landlord has to follow when passing on energy costs. (At the moment I can't seem to find it.) However as pinkshoes said before £400 for an annual gas and electricity bill especially when energy prices for consumers has been so high over the past year appears reasonable.

Contact shelter 0808 800 4444 and ask them about the fuel breakdown costs and what the landlord is allowed to charge you for.

You have a right to ask to see a copy of the bills and to ask how the landlord broke the costs down if there is more than one flat in the building on the meter, and you shouldn't pay until you have seen this. Put a request in writing for this. However as you are legally liable to pay the fuel bills at a last resort pay the bill but do so by cheque, enclose a letter with the cheque number in it and and add in the letter that it is unreasonable to expect someone to pay a bill without a breakdown and you already asked for one on xxx date. (See why below.)

As the landlord has your deposit and has no right to charge you for reasonable wear and tear, I would urge you to contest the £800 in writing.

Then find another place to live, and start contesting the all charges in writing making sure you hand deliver the letters to the landlord with a witness present or send them by recorded delivery/fax. This is so that if you do have to go to court to get your deposit back you have evidence of how the landlord has treated over bills/charges.

Also if you never made a fuss about the handyman accessing the property and didn't record one of these complaints in writing, making a fuss now will make you seem a difficult person especially if you end up having to take the legal route. (The landlord would probably try and use this to your disadvantage if you do end up going to court.) I suggest you concentrate your efforts on getting out of paying the £800.

flem007_uk

Thanks for your advice. I have contested the charges with the land lord and also expect to move out at the end of next month. This brings me to my next question...
Our rent is approximately £900 a month and the rent for our last month in the property will be due on the 1st of next month. If the landlord is showing no signs of changing their mind about the £800 costs and say they will take it out of our deposit, would I be within my rights to withhold the last months rent, in lieu of this amount? What are the potential implications of this? If it came to court presumably it would be a case of them having to take action against me? Might this call their bluff and make them behave themselves?

sooz

sorry, I disagree with the other posters about the utility bills. If there is no mention of you being responsible for bills in your contract, nor no meter, why should you pay? Was the rent advertised as inclusive?


edit - misread your post. ignore!

soapboxfury

I certainly wouldn't pay the last months rent. £800 for replacing a few tiles?????????

Your utilities do seem reasonable.

I would write a letter setting out all issues including the intrusion of the handyman and state that you are putting this case into 'financial dispute'. Then you have every legal right to withhold all payments until the dispute is settled. However, put all monies into a bank account so that you can prove to a court, should it come to that, that you can and have every intention of paying if the money is found to be due.

DO not hand the letter to your land lord............post it REGISTERED so that they have to sign for it and can not say that they never received it

sooz

sooz wrote: »

sorry, I disagree with the other posters about the utility bills. If there is no mention of you being responsible for bills in your contract, nor no meter, why should you pay? Was the rent advertised as inclusive?

Edit - sorry misread your post. I read 'nowhere' does is say we are responsible, not 'now' it does!

I'd still ask to see bill, and did you & she take a meter reading when you moved in? Say you are willing to pay for your share, but she needs to prove that this is your share.

As for £800 for replacing a kitchen worktop....it is wear and tear if she didn't provide a draining board, and don't even think about paying the last month's rent/

how did I quote myself...i meant to edit..........