Amended lease due to moving in date changed.

KDC

My son's GF has found private accom for her 2nd yr of Uni.  She found it at beginning of 2023, inclusive of all bills and has an Assured Shorthold Tenancy Agreement signed by LL and her on 28.2.23 for her to move in 1.7.23. It's large house divided into separate studio flats.  Property wasn't ready so moving date kept being put back and back. Finally moved in 14.8.23 and her studio flat is habitable but tiny things not finished - which are currently being done.  Thing is she was sent a new ASTA by the agent to sign with the new moving in date of 14.8.23. Agent texted her to advise she'd emailed the new agreement and request she signed it.  However, this new agreement had an extra paragraph:

 "The rental amount suggest is inc of gas, electricity, internet and water charges subject to restrictions detailed in the agreement. The tenant acknowledtes that there is a maximum financial limit of £15.00 per signed tenant per wk for the period of the tenancy term for which the LL is responsible for gas, elec and water charges supplied to and used at the property.. Should the tenancy exceed this limit the LL reserves the right to recover additional monies payable at the end of the term."

This extra paragraph was not pointed out by the agent.  The studio does not have it's own meters and no smart meter.  When this was queried, the agent said that she's never known a LL who has actually asked for extra monies - it's only if the tenant goes out leaving heating on full blast in the winter etc and she gives the impress to basically not worry about it!

Is this legal?  There are 6 or 8 studios in the house.  She doesn't want to be hit with a massive bill at the end of the tenancy!  If there is one meter/utility and LL divides the bill between all studios and calculates the cost that way then that definitely isn't fair.  Should the LL supply indiviual meters/studio?

She's far from home so only has us to support her.  Her accom last year was via the Uni so this is totally on her own.

Thanks in advance for any guidance you can give.  I think the LL may possibly be a first time LL.

 

CSI_Yorkshire

KDC said:

If there is one meter/utility and LL divides the bill between all studios and calculates the cost that way then that definitely isn't fair.

That is actually one of the specified legal and approved ways for doing it.

KDC said:

Should the LL supply individual meters/studio?

That's another one.

The LL isn't allowed to make any profit on reselling energy though - it can only be the cost that they have actually spent.

KDC

CSI_Yorkshire thanks.  Surely it's not fair if 1 or 2 of the tenants use more gas, elec and water than the others in the building but the over spend is divided up equally between all the tenants, even if maybe 1 or 2 didn't go over the £15/wk more than once or twice?   It seems so unfair.

CSI_Yorkshire

If there is no metering, then the LL is allowed (and expected) to make a logical and justifiable split.

How would you demonstrate that 1 or 2 of the tenants are using more?  And if so, how would you determine how much more than the others they were using to decide how much more of the bill they needed to pay?

Of course, sub-metering is better as you suggest.

BobT36

KDC said:

My son's GF has found private accom for her 2nd yr of Uni.  She found it at beginning of 2023, inclusive of all bills and has an Assured Shorthold Tenancy Agreement signed by LL and her on 28.2.23 for her to move in 1.7.23.
Finally moved in 14.8.23

So, tenancy agreement is signed by all parties, and she's got the keys, moved in and "started" it? 
Doesn't have to sign anything. Can't even get rid of her until the tenancy period ends. 
Unless she benefits in some way then what's the point?