Tenancy agreement and water bills

Nobbie1967

That seems fairly cut and dried, it's a term in the contract that they've both signed. On the face of it, it doesn't seem unreasonable, and as the Landlord is responsible for drafting the agreement, I can't see how they could argue it's an unfair term, or an obvious mistake. Sounds to me like it's a hangover from a previous tenancy where the LL was trying to keep a bill in their name for some nefarious reason. Doesn't matter that this has gone on for 4 years, you have upto 6 years to claim back losses. Your next move depends on your attitude to the LL, but you could take them to court for the water bills paid over the last 4 years.

TheLuckiest

Nobbie1967 wrote: »

That seems fairly cut and dried, it's a term in the contract that they've both signed. On the face of it, it doesn't seem unreasonable, and as the Landlord is responsible for drafting the agreement, I can't see how they could argue it's an unfair term, or an obvious mistake. Sounds to me like it's a hangover from a previous tenancy where the LL was trying to keep a bill in their name for some nefarious reason. Doesn't matter that this has gone on for 4 years, you have upto 6 years to claim back losses. Your next move depends on your attitude to the LL, but you could take them to court for the water bills paid over the last 4 years.

Relations are extremely good with the landlord. I think we will bring the issue up with the landlord and see what the reaction is. To be honest, I think the landlord probably doesn't have a clue that they were meant to be paying the water and will be mortified that there's been a breach of the agreement for so long. Whether they'll offer to cough up for the previous 4 years bills is another matter!

Guest101

TheLuckiest wrote: »

Relations are extremely good with the landlord. I think we will bring the issue up with the landlord and see what the reaction is. To be honest, I think the landlord probably doesn't have a clue that they were meant to be paying the water and will be mortified that there's been a breach of the agreement for so long. Whether they'll offer to cough up for the previous 4 years bills is another matter!

I love this kind of comment.


99/100 times people have an excellent relationship with a LL until there's a financial issue.


Chances are you have a better relationship with the postman, how often have you actually met the LL?

TheLuckiest

Guest101 wrote: »

I love this kind of comment.


99/100 times people have an excellent relationship with a LL until there's a financial issue.


Chances are you have a better relationship with the postman, how often have you actually met the LL?

Actually, I've probably met her 20-30 times. My girlfriend used to share the house with her and whilst not being best mates or anything are on very good terms.

I see where you are coming from with your comments but it's not a typical LL/tenant relationship. Though that in itself could make things a bit messy!

Guest101

TheLuckiest wrote: »

Actually, I've probably met her 20-30 times. My girlfriend used to share the house with her and whilst not being best mates or anything are on very good terms.

I see where you are coming from with your comments bit it's not a typical LL/tenant relationship. Though that I'm itself could make things a bit messy!

Uhm that's quite vital information.


What happened to stop your GF being a lodger and becoming a tenant.


Did the LL move out. Did your GF get sole and exclusive use of the whole property?

TheLuckiest

TheLuckiest wrote: »

Actually, I've probably met her 20-30 times. My girlfriend used to share the house with her and whilst not being best mates or anything are on very good terms.

I see where you are coming from with your comments but it's not a typical LL/tenant relationship. Though that in itself could make things a bit messy!

Guest101 wrote: »

Uhm that's quite vital information.


What happened to stop your GF being a lodger and becoming a tenant.


Did the LL move out. Did your GF get sole and exclusive use of the whole property?

Yes, I had considered this and a new agreement was signed and deposit paid when my gf took over as the sole tenant.

AnotherJoe

HappyMJ wrote: »

Claim it back from who? If I'm reading it correctly the tenant wants the landlord to pay. If the landlord is going to claim it from the tenant then it makes no difference whether the tenant pays the bill or gets the landlord to pay it.

Poor phrasing on my part. Offset it against tax would have been a better way to put it.

thesaint

LadyDee wrote: »

Thinking back to my many years working in legal offices, my understanding is that the terms of a written agreement cannot be altered verbally, although if there is no written agreement then a verbal agreement is binding. I'm pretty sure your girlfriend could claim the water rates back from the landlord.

I "think" that is the case in the U.S.A. I often hear Judge Judy say it.

My tenancy agreements do state that there can be no verbal variation of the written agreement. All amendments must be asked for, and granted in writing.
This is mainly because tenants claim someone else in the office told them that it would be fine(to vary the contract).

Nobbie1967

TheLuckiest wrote: »

Relations are extremely good with the landlord. I think we will bring the issue up with the landlord and see what the reaction is. To be honest, I think the landlord probably doesn't have a clue that they were meant to be paying the water and will be mortified that there's been a breach of the agreement for so long. Whether they'll offer to cough up for the previous 4 years bills is another matter!

I gave you the legal position as I see it, but it sounds like a mistake in the drafting which your GF was unaware of and was happy with the last four years of renting on the basis of paying the water bill as most tenants do. Turning around now and demanding they pay for it would be pretty low in my opinion unless the LL had shafted you in some other way.

When you bring it up with the LL and they say, "whoops, I forgot to remove that when I moved out, but you were happy to transfer the account to your name, so what's changed" what is your reply?

I might actually change my initial opinion based upon the new information as since your GF must have taken some action to put the bill in her own name, and then paid it without complaint for four years, that gives credence to the argument that the original clause was a drafting mistake and should be dis-regarded.

LadyDee

Guest101 wrote: »

I don't think that's correct. Any agreement can be altered by mutual consent. Written does not override verbal.

Sorry, I might not have made it clear, that my understanding is that a written contract/agreement can only be legally varied in writing. A verbal variation of written terms could not be relied on in law in the event of a dispute. I'm relying on memory here and my understanding in my work experience.

The OP will be given different responses, some based on what should be fair, and of course it would be nice if the landlord acknowledged there had been a mistake and agreed to repay the money. It's all very well to say the girl friend should have read the terms of the agreement, but so should the landlord!

I suspect this could have been just a standard form of tenancy agreement, perhaps drawn up by a managing agent, or the landlord printed it off from the internet, and neither party really read it properly.