End of tenancy utility bills

JT988888

We've just ended our tenancy with a private renting company. Our rental agreement was bills inclusive (electric, water no gas), excluding council tax.

We've now been given a bill of £1100.00 of outstanding utility bills.

Background
27 months of renting same apartment
1 bedroom (under 500sqft)
1 bathroom (only shower)
No air con or storage heaters

We pay a contribution which is an estimated per month, over a 27 month period we have paid £2180 ( £80.00 per month), the additional amount now required is £1100.

Not once have we had notice that we had been going over our estimated even though it is stated in our agreement that anything over 20% we would be altered to.

We have meters within the apartment, but never asked to provide these to the landlord or residents team during our tenancy.

We do not know our utility provider and have only been given an overall view on the units used over 27 months and unit cost, not a breakdown per month etc.

Any advice on if this is something we should be disputing? Note, our deposit was £1200.00 which is currently being held and the £1100.00 will be taken from this, no other charges have been claimed as we've left the flat in perfect condition and paid for a professional deep clean ourselves.

SiliconChip

They didn't ask you to provide readings but were readings actually taken at times during your tenancy, perhaps on inspection visits? If they weren't then there would have been no way to alert you (unless it's a Smart meter that sent in its own readings). Have you confirmed that the readings used for billing do indeed match the start and end of tenancy readings?

You could certainly argue that paying anything more than an addition £436 (20% of what your inclusive payments) is unfair. Whether you'll win or not I don't know, but if the landlord doesn't agree I'd claim your full deposit from the scheme where it's held and dispute the extra bills amount through them.

theartfullodger

As your tenancy agreement you say includes such bills, simply decline to pay, in writing/email

Pixie5740

JT988888 said:

We've just ended our tenancy with a private renting company. Our rental agreement was bills inclusive (electric, water no gas), excluding council tax.

We've now been given a bill of £1100.00 of outstanding utility bills.

Background
27 months of renting same apartment
1 bedroom (under 500sqft)
1 bathroom (only shower)
No air con or storage heaters

We pay a contribution which is an estimated per month, over a 27 month period we have paid £2180 ( £80.00 per month), the additional amount now required is £1100.

Not once have we had notice that we had been going over our estimated even though it is stated in our agreement that anything over 20% we would be altered to.

We have meters within the apartment, but never asked to provide these to the landlord or residents team during our tenancy.

We do not know our utility provider and have only been given an overall view on the units used over 27 months and unit cost, not a breakdown per month etc.

Any advice on if this is something we should be disputing? Note, our deposit was £1200.00 which is currently being held and the £1100.00 will be taken from this, no other charges have been claimed as we've left the flat in perfect condition and paid for a professional deep clean ourselves.

Has the landlord provided any evidence as to how the figure of £1100 was reached? I’d want to see which months I had been over and by how much. 

Can you please quote the exact wording in your tenancy agreement with regards to the water and electricity? 

JT988888

Thanks for the replies

1. No monthly breakdown, simply an overview of the "Heat", "Water", "Electricity" and the date start meter reading, date end meter reading, and the unit cost. 

2. "”Utilities  Contribution” A fair and reasonable amount of the estimated costs (based on normal use) of the utilities for heat / hot water, cooling (if applicable), electricity and domestic cold water at the Property which is further described in the Resident’s Handbook; on the Start Date and ending on the End Date." 

3. Residence handbook - landlord responsibilities
Our responsibilities:
 • We will work with our brokers and negotiate collectively on behalf of all residents the best utilities prices that we can
• We will monitor actual consumption apartment by apartment via the building management system and utility meter readings on a periodic basis and report to you your usage levels
 • During your stay the Residents’ team will offer continued support through providing helpful tips, and sharing successful good practice approaches to reduce use
• We will notify you periodically if your apartment usage is above or below the Utility Contribution by more than 20% their usage is 20%.

We renewed our tenancy twice, and there have not been any inspections during. Because of the note with the 20% notify, we assume that we were no where near 50% over the usage. 

Of course we noted the meter readings on departure, however we do not know the supplier to check the unit costs etc. We're not opposed to the amount used as such, but more that after 27 months it's the first time being notified of over usage. 

We've now heard from similar from past residents and trying to find out more of outcomes.

Sandtree

JT988888 said:

We've just ended our tenancy with a private renting company. Our rental agreement was bills inclusive (electric, water no gas), excluding council tax.

You need to check your rental agreement again as if its "inclusive" then the amount towards utilities wouldnt be broken out and any under/over use would be the Landlord to deal.

It sounds instead that you were liable for the utilities but its paid via the Landlord instead of direct to the utilities company. In which case you should check the opening and closing readings but clearly you have signed away your control on which firm it is and the rate. 

Pixie5740

JT988888 said:

Thanks for the replies

1. No monthly breakdown, simply an overview of the "Heat", "Water", "Electricity" and the date start meter reading, date end meter reading, and the unit cost. 

2. "”Utilities  Contribution” A fair and reasonable amount of the estimated costs (based on normal use) of the utilities for heat / hot water, cooling (if applicable), electricity and domestic cold water at the Property which is further described in the Resident’s Handbook; on the Start Date and ending on the End Date." 

3. Residence handbook - landlord responsibilities
Our responsibilities:
 • We will work with our brokers and negotiate collectively on behalf of all residents the best utilities prices that we can
• We will monitor actual consumption apartment by apartment via the building management system and utility meter readings on a periodic basis and report to you your usage levels
 • During your stay the Residents’ team will offer continued support through providing helpful tips, and sharing successful good practice approaches to reduce use
• We will notify you periodically if your apartment usage is above or below the Utility Contribution by more than 20% their usage is 20%.

We renewed our tenancy twice, and there have not been any inspections during. Because of the note with the 20% notify, we assume that we were no where near 50% over the usage. 

Of course we noted the meter readings on departure, however we do not know the supplier to check the unit costs etc. We're not opposed to the amount used as such, but more that after 27 months it's the first time being notified of over usage. 

We've now heard from similar from past residents and trying to find out more of outcomes.

When it comes to the return of your deposit the onus is on the landlord, not you, to demonstrate any deductions are reasonable. Dispute the £1100 with whichever scheme your deposit is registered with and let the landlord prove £1100 is reasonable. 

rexmedorum

this sounds like an odd arrangement, what's the actual wording in the greement?

JT988888

2.6
In addition to your rent (detailed at Clause 2.3 above) is an estimated contribution for utilities.Estimated utility contributions are: £ 80.00
2.7 The total monthly direct debit payable will be £ 1,300.00 which is the total of Clause 2.3 and Clause 2.6.

Sandtree

JT988888 said:

2.6
In addition to your rent (detailed at Clause 2.3 above) is an estimated contribution for utilities.Estimated utility contributions are: £ 80.00
2.7 The total monthly direct debit payable will be £ 1,300.00 which is the total of Clause 2.3 and Clause 2.6.

Is there not another clause somewhere about truing up the estimate to actual?

JT988888

Sandtree said:

JT988888 said:

2.6
In addition to your rent (detailed at Clause 2.3 above) is an estimated contribution for utilities.Estimated utility contributions are: £ 80.00
2.7 The total monthly direct debit payable will be £ 1,300.00 which is the total of Clause 2.3 and Clause 2.6.

Is there not another clause somewhere about truing up the estimate to actual?

5.2    Agreement to pay rent
a)You agree to pay the Rent and the Utilities Contribution to the Landlord throughout the Term in the following manner
i)By equal monthly payments in advance on the Rent Payment Days (and proportionately for any fraction of
a month); and
 ii) By direct debit or such other payment method as we require

.b)You agree to pay the first instalment of Rent and the Utilities Contribution (being a proportionate sum in respect of the period from and including the date of this agreement to the day before the next Rent Payment Day) on the date of this agreement.
c)The Landlord shall from time to time take Meter Readings and shall as soon as reasonably practicable after every MeterReading supply to the Tenant a statement showing the meter reading as at that date.
d)If after the Meter Reading has been taken, the Meter Reading shows that the Tenant has paid less in Utilities Contribution than the utilities consumed for the period since the last Meter Reading then the Tenant must pay to the Landlord the excess as rent on the next Rent Payment Date.
e)If after the Meter Reading has been taken, the Meter Reading shows that the Tenant has paid more in UtilitiesContribution than the utilities consumed for the period since the last Meter Reading then the Landlord will credit the excess to the Tenant against the next quarterly payment of the Utilities Contribution.
f)The preceding clauses 5.2(d) and 5.2(e) will continue to apply notwithstanding the expiry of the Term but only in respect of the period up to the expiry and the Utilities Contribution will be apportioned on a daily basis up to the end of the Term and clause 5.2
e) shall be varied so that any excess shall be repaid to the Tenant within 14 Working Days after the end of the Term.
 
a)You must pay the Rent and the Utilities Contribution in the manner set out at Clause 5.2.
b)The Utilities Contribution is to cover costs for heat / hot water, cooling (if applicable), electricity and domestic cold water, unless you have made a written request to us to opt out of this usage and we have accepted your request. You may request a reconciliation statement relating to the Utilities Contribution and usage at any time during your tenancy.

 7.3    Utilities contribution
a)We will provide you with a monthly invoice of charges which you will be required to pay. This will be emailed to you prior to deductions being made. We shall provide you with reasonable notice in writing of any price increase prior to such price increases taking effect.
b)We will supply you with a reconciliation statement on a periodic basis detailing consumption and any additional charges or refunds we owe to you for these services.