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Tenant - Contract Charges & Heating Controls
kyleball
Posts: 11 Forumite
Hi All,
Firstly, I will try be as succinct as possible.
I am unsure of my tenancy rights as per contract items and the ability to control heating.
Facts that may help – we are all on separate contracts. Rent is inclusive of bills. Current rent: £525 per month for myself, and around £4,000 total per month for the entire house (8 bedrooms). The rent is premium compared to what is normal within Portsmouth, but I believe that the service should have reflected that. It has not - so I wanted to see if we have to actually pay some of the fees outlined at the end of the e-mail. Other issues are listed below:
Heating – Landlord has locked boiler in a cupboard, and sets the timing of when the heating will be on. I cannot see any terms about this in the contract. All of us are uncomfortably cold. If we would like any heaters, there is a contract term stating we require written permission from the landlord (which I doubt he would grant). I do not expect 24/7 heating, but it does not appear to be on enough for us to be even slightly comfortable. This is made even more annoying considering the amount we pay; I expected little fuss on heating because of this. Is this legal?
Mold – who’s responsibility is it to treat mould within a house? We believe it is linked to the lack of adequate heating (not sure if there would be a correlation?). My fellow tenants have contacted the landlord but have received no reply (which is extremely common).
Fortnightly Cleaner – a fortnightly cleaner for all communal areas is within the rent. I moved into the house in August, and only at the start of November did the cleaner make regular visits. This was confirmed by the Landlord (verbally) that the cleaner had not been coming regularly, and that they did not do an adequate job of this. It took three months of e-mails to get to a point where he finally resolved the cleaning issue.
Charges – this is the final one on my list. The below charges are what the landlord has set out:
Landlords admin fee £100 (AST item 6.2.7)
EOT Clean £40 (AST item 7.23.4)
Inventory Fee £42 (AST item 7.23.1)
Mattress protector £6.44p (AST item 7.23.5)
Deposit reg fee £18 (AST item 6.2.6)
It seems extremely excessive, again, considering how much rent we pay and that we went straight through to the landlord. Admin fee – seems extremely excessive. Inventory fee – I have 1x mattress & bed, 1x wardrobe & 1x mattress protector. Mattress protector – it seems to be a waste to throw out each year. Especially when the EOT cleaning states it includes cleaning the bedding. Cleaning – states the carpet in the room needs to be professionally cleaned by the landlords approved cleaner. It is clear to me that this had not been done prior to me moving in. Charging the tenant for the deposit registration seems unfair (and I’ve never been charged that before), and to me would come within the Admin fee. Equally, as you will see from the below AST items, only the Admin Fee had a pre-written fee on there.
I realise that, considering we signed for the above, we probably have little rights. If the other areas of my tenancy were going well I would likely not take issue. However, it does not feel like we are getting what we paid for. I will place the wording for the above AST items at the bottom of this e-mail.
Any help and advice will be greatly appreciated.
Thanks,
Kyle
____
Landlord Admin Fee
6.2.7 The tenant shall pay the landlords admin fee of £100 at the end of the tenancy.
EOT Cleaning
7.23.4 To have the room and carpet professionally cleaned at the end of this tenancy term, using the landlords approved cleaner. The cleaning will include the, cleaning of any curtains (including net curtains and blinds), blankets, bedding, upholstery, nearest bathroom.
Inventory Fee
7.23.1 To pay the check out Inventory fee and Schedule of Condition listing all the Fixtures and Fittings in the Premises and the condition of them at the expiry or sooner termination of the tenancy.
Mattress Protector
7.23.5 The tenant shall pay the cost of a replacement mattress protector at the end of the tenancy as provided by the landlords cleaner.
Deposit Registration Fee
6.2.6 The tenant shall pay the deposit registration fee.
Firstly, I will try be as succinct as possible.
I am unsure of my tenancy rights as per contract items and the ability to control heating.
Facts that may help – we are all on separate contracts. Rent is inclusive of bills. Current rent: £525 per month for myself, and around £4,000 total per month for the entire house (8 bedrooms). The rent is premium compared to what is normal within Portsmouth, but I believe that the service should have reflected that. It has not - so I wanted to see if we have to actually pay some of the fees outlined at the end of the e-mail. Other issues are listed below:
Heating – Landlord has locked boiler in a cupboard, and sets the timing of when the heating will be on. I cannot see any terms about this in the contract. All of us are uncomfortably cold. If we would like any heaters, there is a contract term stating we require written permission from the landlord (which I doubt he would grant). I do not expect 24/7 heating, but it does not appear to be on enough for us to be even slightly comfortable. This is made even more annoying considering the amount we pay; I expected little fuss on heating because of this. Is this legal?
Mold – who’s responsibility is it to treat mould within a house? We believe it is linked to the lack of adequate heating (not sure if there would be a correlation?). My fellow tenants have contacted the landlord but have received no reply (which is extremely common).
Fortnightly Cleaner – a fortnightly cleaner for all communal areas is within the rent. I moved into the house in August, and only at the start of November did the cleaner make regular visits. This was confirmed by the Landlord (verbally) that the cleaner had not been coming regularly, and that they did not do an adequate job of this. It took three months of e-mails to get to a point where he finally resolved the cleaning issue.
Charges – this is the final one on my list. The below charges are what the landlord has set out:
Landlords admin fee £100 (AST item 6.2.7)
EOT Clean £40 (AST item 7.23.4)
Inventory Fee £42 (AST item 7.23.1)
Mattress protector £6.44p (AST item 7.23.5)
Deposit reg fee £18 (AST item 6.2.6)
It seems extremely excessive, again, considering how much rent we pay and that we went straight through to the landlord. Admin fee – seems extremely excessive. Inventory fee – I have 1x mattress & bed, 1x wardrobe & 1x mattress protector. Mattress protector – it seems to be a waste to throw out each year. Especially when the EOT cleaning states it includes cleaning the bedding. Cleaning – states the carpet in the room needs to be professionally cleaned by the landlords approved cleaner. It is clear to me that this had not been done prior to me moving in. Charging the tenant for the deposit registration seems unfair (and I’ve never been charged that before), and to me would come within the Admin fee. Equally, as you will see from the below AST items, only the Admin Fee had a pre-written fee on there.
I realise that, considering we signed for the above, we probably have little rights. If the other areas of my tenancy were going well I would likely not take issue. However, it does not feel like we are getting what we paid for. I will place the wording for the above AST items at the bottom of this e-mail.
Any help and advice will be greatly appreciated.
Thanks,
Kyle
____
Landlord Admin Fee
6.2.7 The tenant shall pay the landlords admin fee of £100 at the end of the tenancy.
EOT Cleaning
7.23.4 To have the room and carpet professionally cleaned at the end of this tenancy term, using the landlords approved cleaner. The cleaning will include the, cleaning of any curtains (including net curtains and blinds), blankets, bedding, upholstery, nearest bathroom.
Inventory Fee
7.23.1 To pay the check out Inventory fee and Schedule of Condition listing all the Fixtures and Fittings in the Premises and the condition of them at the expiry or sooner termination of the tenancy.
Mattress Protector
7.23.5 The tenant shall pay the cost of a replacement mattress protector at the end of the tenancy as provided by the landlords cleaner.
Deposit Registration Fee
6.2.6 The tenant shall pay the deposit registration fee.
0
Comments
-
Hi All,
Firstly, I will try be as succinct as possible.
I have had numerous rented accomadation over the years (~10), and I have always been lucky enough to have a positive experience. It appears, however, my luck has run out and I am unsure of my tenancy rights as per contract items and the ability to control heating. - Remember contract cannot remove statutory rights.
Facts that may help – we are all on separate contracts. Rent is inclusive of bills. - All moved in together or ad hoc? Rent is at a premium of around 20% above the average of the city (Portsmouth), from my experience. -Not really relevant. I tried to google average prices but could not find anything. Current rent: £525, what I believe to be the average (including bills) of the area, is around £450. - Each? How many people? I went into the contract knowing it was expensive; but wanted to have a higher quality property after many student accommodation houses. My experience within student accommodation, sadly, has been 10x better than this ‘premium rent’ house.
Heating – Landlord has locked boiler in a cupboard, and sets the timing of when the heating will be on. I cannot see any terms about this in the contract. - Not necessarily anything wrong with this. hwever heating must be adequate. All of us are uncomfortably cold. - At what hours of the day etc? How often is it on? If we would like any heaters, there is a contract term stating we require written permission from the landlord (which I doubt he would grant). - Well you can ignore that, though the LL is of course free to evict (if passed the fixed term), and/or sue for loss (which could be extra eletric bill)I do not expect 24/7 heating, but it does not appear to be on enough for us to be even slightly comfortable. This is made even more annoying considering the amount we pay; I expected little fuss on heating because of this. Is this legal? - In theory yes, but there must be adequate sources of heating.
Mold – who’s responsibility is it to treat mould within a house? We believe it is linked to the lack of adequate heating (not sure if there would be a correlation?). - Have you reported it? My fellow tenants have contacted the landlord but have received no reply (which is extremely common). - Have you written to him, pen and paper?
Fortnightly Cleaner – a fortnightly cleaner for all communal areas is within the rent. I moved into the house in August, and only at the start of November did the cleaner make regular visits. This was confirmed by the Landlord (verbally) that the cleaner had not been coming regularly, and that they did not do an adequate job of this. It took three months of e-mails to get to a point where he finally resolved the cleaning issue. - reported and resolved, move on.
Charges – this is the final one on my list. The below charges are what the landlord has set out:
Landlords admin fee £100 (AST item 6.2.7)
EOT Clean £40 (AST item 7.23.4)
Inventory Fee £42 (AST item 7.23.1)
Mattress protector £6.44p (AST item 7.23.5)
Deposit reg fee £18 (AST item 6.2.6)
It seems extremely excessive, again, considering how much rent we pay and that we went straight through to the landlord. Admin fee – seems extremely excessive. Inventory fee – I have 1x mattress & bed, 1x wardrobe & 1x mattress protector. Mattress protector – it seems to be a waste to throw out each year. Especially when the EOT cleaning states it includes cleaning the bedding. Cleaning – states the carpet in the room needs to be professionally cleaned by the landlords approved cleaner. It is clear to me that this had not been done prior to me moving in. Charging the tenant for the deposit registration seems unfair (and I’ve never been charged that before), and to me would come within the Admin fee. Equally, as you will see from the below AST items, only the Admin Fee had a pre-written fee on there. - Irrelevant as the fees are almost certianly not enforceable.
I realise that, considering we signed for the above, we probably have little rights. If the other areas of my tenancy were going well I would likely not take issue. However, it does not feel like we are getting what we paid for. I will place the wording for the above AST items at the bottom of this e-mail. - not ccurate. Can i check are the deposits individually protected? and you received the prescribed information (T&Cs?)
Any help and advice will be greatly appreciated.
Thanks,
Kyle
____
Landlord Admin Fee
6.2.7 The tenant shall pay the landlords admin fee of £100 at the end of the tenancy. - I would say not enforceable at all.
EOT Cleaning
7.23.4 To have the room and carpet professionally cleaned at the end of this tenancy term, using the landlords approved cleaner. The cleaning will include the, cleaning of any curtains (including net curtains and blinds), blankets, bedding, upholstery, nearest bathroom. - Totally not enforceable, just clean it yourself.
Inventory Fee
7.23.1 To pay the check out Inventory fee and Schedule of Condition listing all the Fixtures and Fittings in the Premises and the condition of them at the expiry or sooner termination of the tenancy. - potentially this is enforceable. However if the fee was no provided at the time of signing, then it will not be enforceabe.
Mattress Protector
7.23.5 The tenant shall pay the cost of a replacement mattress protector at the end of the tenancy as provided by the landlords cleaner. - that would be betterment. LL is not entitled new for old.
Deposit Registration Fee
6.2.6 The tenant shall pay the deposit registration fee.
I'm not sure about the deposit. I would say it's likely unenforceable.
I would in this position, not pay final month's rent, let the LL keep the deposit in lieu of that and then these fees wont be applicable.0 -
Had a quick review of the acts and can't see any legal reason why a fee cannot be charged by the LL for registering a deposit - it's just not usual.Hi All,
Firstly, I will try be as succinct as possible.
errrrr .... I wish!
....
we are all on separate contracts. Rent is inclusive of bills. Rent is at a premium of around 20% above the average of the city (Portsmouth), from my experience. .... I went into the contract knowing it was expensive; ....
so there can be no argument over the rent
Heating – Landlord has locked boiler in a cupboard, and sets the timing of when the heating will be on. I cannot see any terms about this in the contract. All of us are uncomfortably cold. If we would like any heaters, there is a contract term stating we require written permission from the landlord (which I doubt he would grant). I do not expect 24/7 heating, but it does not appear to be on enough for us to be even slightly comfortable. This is made even more annoying considering the amount we pay; I expected little fuss on heating because of this. Is this legal?
You are paying for heating.
You are getting heating.
A dispute about the amount of heating will be difficult - ideally resolve through discussion/agrement
Mold – who’s responsibility is it to treat mould within a house?
To treat? The landlord.
To pay for the treatments? Depends on the cause.
We believe it is linked to the lack of adequate heating (not sure if there would be a correlation?). My fellow tenants have contacted the landlord but have received no reply (which is extremely common).
Hard to prove. LL could argue it is lifestyle eg cooking, washing with inadequate ventilation.
Fortnightly Cleaner – a fortnightly cleaner for all communal areas is within the rent. I moved into the house in August, and only at the start of November did the cleaner make regular visits. This was confirmed by the Landlord (verbally) that the cleaner had not been coming regularly, and that they did not do an adequate job of this. It took three months of e-mails to get to a point where he finally resolved the cleaning issue.
Did you incur any costs as a result of the absence of a cleaner? eg did you employ your own cleaner and do you have receipts?
Charges – this is the final one on my list. The below charges are what the landlord has set out:
Landlords admin fee £100 (AST item 6.2.7)
admin fee for what? collecting the rent? arranging the gas inspection? Is this a weekly, monthly, or tenancy period fee?
EOT Clean £40 (AST item 7.23.4)
can only be charged if a clean is required ie you leave the property less clean than you found it.
Inventory Fee £42 (AST item 7.23.1)
Rip off but legal
Mattress protector £6.44p (AST item 7.23.5)
??? good grief! Tell the LL you never used it so he can have the unused original one back at the end of the tenancy!
Deposit reg fee £18 (AST item 6.2.6)
have a feeling that's illegal - not sure.
Have you checked the deposit is registered?
......
.
Which scheme is being used? Some do not charge a fee.0 -
I'm pretty sure the landlord isn't allowed to restrict the heating like that but I could be wrong. As for the admin fee I'm not sure how enforceable that would be. You did sign a contract agreeing to it but it could be deemed an unfair clause. Why shouldn't you have the option of cleaning the property yourself rather than paying for a "professional".0
-
As well as the good advice above I would like to add the following.
It sounds as if you are living in a HMO (house of multiple occupation).
Since you all have separate tenancy agreements then your landlord is responsible for the council tax and presumably this is included within the rent you pay.
When considering the amount of rent you are paying then you must factor into this the costs involved in paying council tax, electricity. gas, water.
Please correct me if I am wrong about what is included in your rent.
If I am correct then this would be why your LL has fixed the time clock on the boiler and inserted a clause about having extra heaters - because he is paying the bills.
As already said, if this is a problem then you need to negotiate with your LL which will probably mean an extra amount to pay with your rent.
Google HMOs and your council to find out more.0 -
Had a quick review of the acts and can't see any legal reason why a fee cannot be charged by the LL for registering a deposit - it's just not usual.
Which scheme is being used? Some do not charge a fee.
I truly did try to be succint, but I didn't want to leave anything out!
Your queries:
Admin fee - does not state what; the AST I provided was all the information I had. Payable once, at the end of the tenancy.
Mattress protector - I like your idea, I will go with that!
mydeposit.co.uk; I've checked and it is registered & there is a registration fee.I'm not sure about the deposit. I would say it's likely unenforceable.
I would in this position, not pay final month's rent, let the LL keep the deposit in lieu of that and then these fees wont be applicable.
I feel that would likely land me in trouble, and he could chase me for the debt.
Final months rent: £525. Deposit: £525. Charges total: £206.44; meaning the deposit would offset the final month rent (theoretically), meaning I would owe £206.44.
Your other queries: It's between 490 - 525 per person (8 bedroom house, about £4,000 per month total). All on shorthold tenancy agreement, most moved in separately to each other.
Heating: In the morning (around 6-7:30, but not all the time), then in the evening, around 7pm. I do not notice it other times, but I have no effective way to check the timings, but it does not feel like much. I will request timings from him.
Mould - housemate has not written to him pen & paper, but has e-mailed him a few times and been ignored.
Thanks for all your comments guys.0 -
pmlindyloo wrote: »As well as the good advice above I would like to add the following.
It sounds as if you are living in a HMO (house of multiple occupation).
Since you all have separate tenancy agreements then your landlord is responsible for the council tax and presumably this is included within the rent you pay.
When considering the amount of rent you are paying then you must factor into this the costs involved in paying council tax, electricity. gas, water.
Please correct me if I am wrong about what is included in your rent.
If I am correct then this would be why your LL has fixed the time clock on the boiler and inserted a clause about having extra heaters - because he is paying the bills.
As already said, if this is a problem then you need to negotiate with your LL which will probably mean an extra amount to pay with your rent.
Google HMOs and your council to find out more.
Thank you, you're absolutely correct on all of the above. What I just didn't know was whether it was legal for him to restrict access to the heating; especially without a clause in the contract about this.
I will go down the route of trying to negotiate on the timings of the heating in that case.0 -
If you are in PO1, PO4 or PO5 then all HMOs need to be licensed and the HMO license must be displayed in the property.
Contact the private sector housing team at Portsmouth City Council and request that they conduct an inspection of the premises.0 -
Thank you, you're absolutely correct on all of the above. What I just didn't know was whether it was legal for him to restrict access to the heating; especially without a clause in the contract about this.
I will go down the route of trying to negotiate on the timings of the heating in that case.
OK just done a bit more digging and according to this
https://www.portsmouth.gov.uk/ext/documents-external/hou-hmo-standards.pdf
tenants should have access to heating at all times.
So, you can negotiate with landlord but to comply with the standards he/she should be allowing access. Whether he then suggests putting the bills into your names (or probably one name who is then responsible for collecting the payments - could be hassle) or bills you for any excess over a certain amount who knows?
What do your house mates think about it?
My daughter lives in a house share and they sort out the bills themselves.
If I was a landlord I would certainly be doing this especially since people do tend to walk around in very overheated houses when someone else is paying!0 -
pmlindyloo wrote: »OK just done a bit more digging and according to this
tenants should have access to heating at all times.
So, you can negotiate with landlord but to comply with the standards he/she should be allowing access. Whether he then suggests putting the bills into your names (or probably one name who is then responsible for collecting the payments - could be hassle) or bills you for any excess over a certain amount who knows?
What do your house mates think about it?
My daughter lives in a house share and they sort out the bills themselves.
If I was a landlord I would certainly be doing this especially since people do tend to walk around in very overheated houses when someone else is paying!
I can see why he would want to control the heating himself, with 9 of us in the house (2 in one shared room), I could imagine it would be on 24/7. Which I don't agree would be fair.
The website looks good, and does show we should have access, and rooms should be maintained at certain temperautes. It does not feel that the rooms are anywhere near those temperautes; I should invest in a thermostat and check.
I will approach the landlord about the times & level he has the heating on and present him with the portsmouth gov website.0 -
I'm amazed no ones mentioned the health and safety aspect of having no access to the boiler. I'd be checking with council/fire services as it sounds dangerous to me thinking from gas leak point of view0
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