Landlord using past gas readings to charge for 'extra gas usage' despite all-inclusive bills

maxangus

Four of us have moved in since September, and according to the landlord's calculations using 6 years of gas reading history, we have exceeded the amount of gas we are 'expected to use'. However the flat is extremely inefficient (has single glazing on all windows as well as some holes in walls). We have not seen any official gas bills, and so there's no proof of the gas readings over 6 years, and he's using a spreadsheet of calculations for expected amount of gas used per calendar month. His defence is that we are being compared with 6 years of history in the same flat.
We have used the heating quite sensibly in order to live comfortably, but this has apparently in excess of the heating we're allowed. Can he enforce this and should we pay for the excess gas used?

Pixie5740

maxangus wrote: »

Four of us have moved in since September, and according to the landlord's calculations using 6 years of gas reading history, we have exceeded the amount of gas we are 'expected to use'. However the flat is extremely inefficient (has single glazing on all windows as well as some holes in walls). We have not seen any official gas bills, and so there's no proof of the gas readings over 6 years, and he's using a spreadsheet of calculations for expected amount of gas used per calendar month. His defence is that we are being compared with 6 years of history in the same flat.
We have used the heating quite sensibly in order to live comfortably, but this has apparently in excess of the heating we're allowed. Can he enforce this and should we pay for the excess gas used?

What does your tenancy agreement say about gas usage?

maxangus

'The use of the property is granted with fair use of water, gas and electricity - which are included in the rent. "Fair use" will be determined, at the landlord's discretion, with reference to previous patterns of consumption or reputable industry websites'

I also know for a fact last year's tenants also were in excess of gas over winter.

Mr.Generous

Why on earth did you agree to that? Tell him no way and look to move out. He sounds like a total idiot. Time he invested in double glazing and showed the actual bills.

jimbog

maxangus wrote: »

with reference to previous patterns of consumption '

Ask for the bills (he has apparently referenced them - he can download historical ones) - making sure they cover the winter period. Make sure he is referring to kWh rather than costs.

What happens if you 'exceed' the limit? No heating whatsoever?

Rosemary7391

Do you have meter readings for your usage? Could you do your own comparison to "reputable industry websites" ?

maxangus

We have just exceeded the limit and so must pay for the gas upwards of what was expected. (We have used 227ft3 and according to his calculations were only meant to use 134ft3.

I don't think he has any legal standing unless he produces the required evidence, and even then he still hasn't given us an EPC, so I'm sure we could contest the fact the flat has deteriorated in the last 6 years anyway

AdrianC

maxangus wrote: »

'The use of the property is granted with fair use of water, gas and electricity - which are included in the rent. "Fair use" will be determined, at the landlord's discretion, with reference to previous patterns of consumption or reputable industry websites'

That certainly seems as if you're clearly in breach of the contract you voluntarily agreed to.

Different people have very different ideas of "comfortable". Some people think that properties need to be heated to t-shirt temperatures, even in the depths of winter, others are happy to wear jumpers. Some people use heating timers, others leave it on 24x7.

maxangus

I agree we may have used excess gas, however there is the problem of his calculating how much we owe, based on what he believes is expected normal gas use from Sept-Jan. He initially billed us £160 but I picked holes in his calculations getting it down to £130, but he has not provided any official evidence for his calculations (based on 6 years of gas bill history).

Is it not his obligation to sufficiently prove we are above fair use before we have to pay? Otherwise we are just taking his word for it

AdrianC

maxangus wrote: »

Is it not his obligation to sufficiently prove we are above fair use before we have to pay? Otherwise we are just taking his word for it

Yep. You agreed to do that, subject to him making "reference to previous patterns". He has made that reference.

martindow

AdrianC wrote: »

Yep. You agreed to do that, subject to him making "reference to previous patterns". He has made that reference.

But I don't think it's unreasonable for the OP to ask to be given sight of previous year's bills. It's a very one sided clause otherwise although the OP has signed the contract that includes it.