Tenency querey

caleaton90

Afternoon All  

This post is on behalf of my father and I am after some help and guidance.

My fathers landlady is stating that there is a clause in my fathers tenancy agreement that states he cannot switch energy suppliers regardless of how much cheaper he could get it elsewhere. This runs for the whole term that he is a tenant at the property. He pays for the gas and electric himself and he's has his own membership with Utility Warehouse which he got pressured and bullied into as he isn't the sharpest when it comes to things like this but as usual I find out about it when its already happened. His landlady is a agent for UW so ultimately she benefits from my father and any of her other tenants or people she introduces becoming customers of UW. 

Is the above legal or does the fact that my father has signed this 12 month tenancy agreement make this anymore water tight?

Is there a way out of this so I can get him switched and save some money if so what legislation can I quote her.

She is a very nasty piece of work and has used bullying tactics on my father previously and because she knows he isn't the sharpest tool in the box takes advantage of this. When I tried to speak to her early regarding the issue her words were " its in the tenancy agreement so tough sh*t there's nothing you can do about it and its none of your business its between your father and me not you".

Thanks in advance, Callum.

Comms69

It's unenforceable so irrelevant, just switch suppliers. Switch back when leaving. 

elsien

How would she know he had changed, unless he tells her, if the account is in his name?

TripleH

How easily is your father intimidated? I ask in that if she finds out, his landlady could come round threatening him left right and centre with legal action, solicitors etc to scare him into caving to her will. Read up the rules on quiet enjoyment of property and tell your father you are there to support him in all this AND that his landlady cannot turn up as and when she likes without informing him. 
Get him also to log every time she calls him, if she is as nasty as you indicate, this could turn into harassment.
Also be prepared that he may have to look to move at the end of his tenancy.
Come back here if he has any more problems and get him to contact you if there is anything he is uncertain of.

GHolmesAdmin

The person who pays the bills choses the supplier. No one else.

caleaton90

GHolmesAdmin said:

The person who pays the bills choses the supplier. No one else.

Regardless of any TA that has been drawn up and signed. Is there a regulation that states this that I can quote or produce to prove this.

caleaton90

elsien said:

How would she know he had changed, unless he tells her, if the account is in his name?

Because I have already tried to switch him and the current supplier has put a block on the switch and doing some digging I have since found out that its because it isn't with UW or wasn't when the previous tenant was there as he switch without her knowing, then decided not to pay so possibly the reason the current supplier have put a block on it. I rang his landlady today to try and discuss all this as a helpful son but that's when I was made aware its a clause in the agreement, which as I told her I did not think it was allowed. If he was to switch in the future once UW have taken everything back over now he is a new tenant (through her choice may i add) then she would know as she would then be down on commission overall.

princeofpounds

He is absolutely not bound by this at all. 

To give you an understanding as to why; AST contracts count as consumer contracts, which have special protection under law. Specifically, Unfair Terms in Consumer Contracts legislation. This counts as an unfair term, and so for legal purposes it does not exist. There's other relevant bits and pieces too, such as electricity regulation etc. Here is some evidence/background links for you:

https://www.citizensadvice.org.uk/consumer/energy/energy-supply/get-a-better-energy-deal/switching-energy-supplier-if-youre-a-tenant/
https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/how-switch-energy-supplier-and-shop-better-deal/how-switch-energy-supplier-if-you-re-tenant#:~:text=Your%20landlord%20has%20the%20right,from%20you%20as%20the%20tenant.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

Of course he may be bound by any terms in his existing contract with UW, but that is also subject to certain protections. He does not need to switch back at the end of his tenancy; that is for the incoming occupier to organise.

As to dealing with her behaviour - if your father gives you permission to act as his representative, then it absolutely is your business. Frankly you just need to be even more forceful back to her - tell her that he now knows he has every legal right to select his own energy supplier, so it's tough s* for her and her UW scam.

As stated, if she goes too far you probably want to be recording her interactions with him; it can tip over into a criminal situation if she repeatedly attempts to intimidate him. Lower level grumbling you just kind of have to ignore - telling her to communicate only by letter going forward and that anything else will be considered harrassment is one tactic. It puts her on notice, and forces any interactions into a form where evidence can be produced. You can also record her phone calls and conversations if you like. 

Separately if she doesn't shut up, it may also be worth complaining about her conduct as an agent for UW. Using underhand pressure sales tactics has become a hot issue in recent years in the sector. You can complain both to the company (who'll probably sweep it under the rug, but may not) and to OFGEM (who can't give you individual relief but they do fine companies who have a bad record of mis-selling). 

caleaton90

TripleH said:

How easily is your father intimidated? I ask in that if she finds out, his landlady could come round threatening him left right and centre with legal action, solicitors etc to scare him into caving to her will. Read up the rules on quiet enjoyment of property and tell your father you are there to support him in all this AND that his landlady cannot turn up as and when she likes without informing him. 
Get him also to log every time she calls him, if she is as nasty as you indicate, this could turn into harassment.
Also be prepared that he may have to look to move at the end of his tenancy.
Come back here if he has any more problems and get him to contact you if there is anything he is uncertain of.

He wouldn't be intimated by her but my worry is he is very easily led hence why he is in this position now, it started off by me asking him to find out what the current gas and electric plan was called so I could enter this info as part of the switch. He ended up becoming a member of UW and having a discount cash back card in the space of a couple of hours. He also wasn't aware of the so called clause in the TA which probably isn't worth the paper its written on. Due to again my father being easily led he has made bad money decisions in the past and had to declare bankruptcy he is now in rented accommodation luckily and for the sake of her earning a bit of commission I don't want to upset her so like you say he may need to move at the end of the 12 months. He is 59 and has no pensions due or savings to his name so I want to help him to ££ as best as possible with cheaper deals saving tips etc but if she takes exception to him switching it could be very difficult trying to get a rented accommodation again at 60 years old.

theartfullodger

Tenant can choose who supplies utilities & what sort of meter (pre-pay, credit, "smart" ..). That landlady says tenant can't means landlady is either ignorant idiot or a liar..

Artful: Landlord since 2000

elsien

caleaton90 said:

elsien said:

How would she know he had changed, unless he tells her, if the account is in his name?

Because I have already tried to switch him and the current supplier has put a block on the switch and doing some digging I have since found out that its because it isn't with UW or wasn't when the previous tenant was there as he switch without her knowing, then decided not to pay so possibly the reason the current supplier have put a block on it. I rang his landlady today to try and discuss all this as a helpful son but that's when I was made aware its a clause in the agreement, which as I told her I did not think it was allowed. If he was to switch in the future once UW have taken everything back over now he is a new tenant (through her choice may i add) then she would know as she would then be down on commission overall.

Did he give a meter reading when he moved in, and is the account in arrears? Can your dad phone up the supplier with your support and get the exact reason that they are not allowing the switch. Guessing what the reason is is no use to anyone.