Incorrect wording in Tenancy agreement

sungazer65

Hi
A little bit of help needed before the expense of a solicitors. My son lives in a shared house with other students on their tenancy contracts it states the monthly rent but also states underneath Bills inclusive
But they had to sign up to a utility company for bills as they were told to get the gas electric water up and running that was at a cost of £70 a month
Should this amount come off the rent as the landlord said bills inclusive ?

anselld

The title of your post implies that you know the wording is a mistake.
How was it advertised?
How does the rent compare with the market for other bills inc properties?

If it is clearly a mistake on the paperwork then it wont be enforceable.

If it is not a mistake then why didn't the students insist on the Landlord opening the Utility accounts?

need_an_answer

What exactly does the tenancy agreement say about utility bills?

Does it list the supplies that are included?


"bills" could translate to just being council tax and basic broadband connections for example.

sungazer65

Hi yes it states electricity water gas and broadband tv license
Studentsdo not pay council tax
I’m trying to attach it but I won’t attach

sungazer65

They were told they had to set up utilities to get registered as living there

need_an_answer

sungazer65 wrote: »

Hi yes it states electricity water gas and broadband tv license
Studentsdo not pay council tax
I’m trying to attach it but I won’t attach

I am aware that students do not need to pay council tax,however a student property is not exclusively for rental by students and some adverts will still mention council tax.

So the tenancy agreement specifically mentions those utilities...good.

Have the housemates written to the LL and asked why they needed to set up accounts?

What was the response?

sungazer65

We didn’t realise the agreement was wrong until one student left the house and his solicitor looked over the contract
We cannot know exactly what was said as this was kept private between the landlord and the solicitor we were just told to check the contract

theartfullodger

If the tenancy says bills inclusive then the landlord should pay and tenants should have left bills in his name.


If advert said bills inclusive but tenancy said did not mention this or said tenants responsible then suggest to the tenants they more carefully read contracts in future before signing and it's too late.

sungazer65

They have been in the house 7 months they have wrote a letter to the landlord saying the contract says inclusive of bills he said he wants to come to the house to have a meeting

need_an_answer

sungazer65 wrote: »

They have been in the house 7 months they have wrote a letter to the landlord saying the contract says inclusive of bills he said he wants to come to the house to have a meeting

Well that's positive that he wants to meet with them to discuss the situation.

If they have a tenancy agreement stating that those bills are included and it has been signed by all parties,I'm not sure I see what the problem is.Whatever is listed on the tenancy agreement should stand.

but the fact that the housemates went and changed the terms of the agreement and set up utilities does slightly indicate perhaps an agreement/willingness to pay utilities themselves aside from the tenancy....an agreement that they have continued for 7 months(your opening post didn't make that clear)

I guess the question is why did they do that?

Although the fact that they haven't yet met with the LL and don't know whether he is prepared to accept fair usage liability on the utilities means that there is little more that can be done until both parties reach a deadlock

sungazer65

I do know the solicitor on behalf of the student that left did say the contract for utilities is in breach of the landlords contract what that means exactly I don’t know
They were told they had to sign a contract for utilities to get these up and running and get themselves registered as living there