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

AdrianC

"Reasonable" is one thing. What the OP already agreed to is another entirely...

davidmcn

I presume no advance indication from the landlord of how many units were to be included, even though he clearly had an idea? Not all that unreasonable to say upfront that x units are included and at least you can then budget/adjust your consumption as appropriate.

stator

At the end of the day you will have to say to him "Sue me". If he takes you to court it will be up to the court to decide if the tenancy clause is enforceable or not.

Pixie5740

I wonder why the landlord bothers to include the bills. Why not just charge rent exclusive of bills and let you sort out your own utilities? Perhaps you could suggest that to him and get the tenancy agreement varied to reflect this? Alternatively ask him for his workings and copies of the bills.

jimbog

Is the gas meter in the property? Have you taken any meter readings?

G_M

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'

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

I'm dubious about whether a court would uphold this rather vaguely worded clause.

If a court did uphold it, the judge would want to see bills to verify both the tenants' usage and the historic patterns, so perfectly reasonable for the tenant to aslk for those now.

Lack of an EPC could be referred to Trading Standards - it's a legal requitement.

Lack of an EPC could also be used as a defense to the LL's claim for gas bills - without the EPC when moving in the tnants could not predict how much gas they might need to use.

Has the LL complied with his other requirements?


Since 1/10/15, new tenants must receive the 'Prescribed Information':
* government leaflet "how to rent"
* EPC (min E rating)
* Gas Safety Certificate if there's gas
* Smoke detectors on each floor
* CO alarm if there's solid fuel heating.

* From 1/2/16 landlords must check tenants' immigration status.

* furniture - certified fire-resistant
* electrics & electrical appliances - safe.
* Security deposit - registered & 'Prescribed Information' provided within 30 days of receipt. Failure has serious consequences. Never rely 100% on an agent.
* HMOs - special rules: check local council.


(assuming Eng/Wales)

Taiko

Ask him for his methodology, including uplift for Heating Degree days. That data is available, and will give an indication based on his own data of what should be used taking into account weather variations also.

dimbo61

Check on the EPC website what the Energy efficiency rating is for the property ?
You can do this for free.
Only need the address and post code
If the property is "F" the landlord can be made to improve the energy efficiency of the property.

maxangus

The landlord did not supply any of those on start of rent, we received a picture of the Gas Safety Certificate a few months in, a flatmate bought the smoke detector themselves, and still waiting on EPC. The Landlord has taken our EPC off the online register even though it has been done, so for all we know it could be an F. There was no prior expectation of gas usage apart from 'Fair Use' stated. I have got all his data (in the form of meter readings which is inside the flat) but not official, he could have fabricated them

Norman_Castle

maxangus wrote: »

However the flat is extremely inefficient (has single glazing on all windows as well as some holes in walls).

Fill the holes in the walls with screwed up plastic bags.