Student tenancy inclusive of bills - landlord says was in error

Kevling

Thanks for the feedback all.

I've pulled some more information together to (hopefully) answer all the questions and clarification requests...

Agents Response to the complaint (references to NOTES added by me):-

With regard to [ADDRESS], unfortunately it has only been brought to our attention this week that there has been a admin error with the tenancy agreement.

When we showed you around the property, I did inform you that internet and utility bills were not included and this was a clearly shown on our website when you secured the property (see NOTE 1). I have also attached a email confirming that utilities bills were not included prior to your viewing on the 25th January 2024 (see NOTE 2). While the link below, also shows that bills are not included.

I sent you the meter readings recently to allow you to set up the utility bills (See NOTE 3), with regard to the internet. I would recommend using the current provider this would have been paid for by the previous tenants and their annual contract has probably just ended. They will hopefully get you on back online straight away as everything is set up with them

NOTE 1

The original advert has a large “INCLUSIVE” icon next to the rent figure, but in the text said “exclusive of bills”, so there was a contradiction within the original listing, it was not as clear as the agent is making out in this email.

Unfortunately, we do not have evidence of this. The property is still listed on the website as "taken", but interestingly on the search results, every single 2 bedroom property EXCEPT this one says “Inclusive”, and are at a range of prices above and below this tenancy - £115 to £160 per person per week, and this tenancy is £130. This is the only listing with no inclusive/exclusive flag (not that I’m accusing them of updating the listing after the complaint, of course...). 

NOTE 2

The email chain including the comment about bills being included also included the wrong / conflicting appointment times for the viewing, so is not exactly a good example of the agent providing reliable information.

Agent Email 1: “I’ve booked you in for 2.30 on Friday to meet at the property”
Tenant Email 2: “Just checking this viewing is still booked in for tomorrow”
Agent Email 3: “Yes the viewing is still booked in for tomorrow at 2:00, meeting you at the property”
Tenant Email 4: “Just for clarification, is the viewing booked for 14:00 or 14:30 , as in a previous email you said 14:30. Both times work for us, I just wanted to make sure we’re on the same page”
Agent Email 5: Sorry it’s 2:30pm. Just checked the diary. Just to confirm the property is £130 without bills.”

NOTE 3

The meter readings were provided as part of the property inventory. Despite requesting it in advance, the inventory was only given a week after they moved in, and included items that were not present (TV and dining table). On querying this, they were told they were given the inventory for the wrong property. The photos supplied of the meters were labelled with a different property address as well. 

So we have multiple examples of the agent proving wrong or incorrect information. We (perhaps naively) assumed that more attention would have been given to the contract, and trusted it had been checked and was accurate before signing by the agent.

Contract

Particulars:

Rent:  (list of key dates and amounts due)

Subject to clause 4.7 Rent is inclusive of reasonable costs of gas, electricity, water and internet

Clause 4.7 (within section 4. RENT)

Rent that is inclusive of reasonable charges for gas, electricity, water (utilities) and internet is subject to the fair use allowance set out in the Utility Fair and Reasonable Usage Policy and WIFI Terms and Conditions of Use, a copy of which have been given to the tenant and which are hereby incorporated into this Agreement. If the actual charge for Utilities and/or the Internet for the Property during the Term exceed the fair and reasonable use allowance, the Landlord may charge the Tenant the proper and reasonable costs for the excess consumptions and the tenant will pay the cost to the Landlord within 14 days of demand.

Tenants whose rent is exclusive of charges for Utilities and the Internet must pay all charges for gas, electricity, water supply, sewerage, drainage, data and telecommunication services consumed on or supplied to the Property during the Term, including standing and rental charges as well as charges for units consumed or used.

Energy Fair and Reasonable Use Policy was attached to the contract, and start “This policies applies where the rent includes Utilities…”, and outlined the reasonable usage of Gas and Electricity based on the number of tenants.

Wi-Fi Terms and Conditions were also attached to the contract

I have signed the contract as Guarantor

I can see no clause or comment relating to errors within the contract.

theoretica

Worth checking the wayback machine http://web.archive.org/ to see if the original advert was archived.

Kevling

theoretica said:

Worth checking the wayback machine to see if the original advert was archived.

Already tried, no luck I'm afraid

Kevling

Does anyone else have any thoughts on what our next steps might be?

km1500

well for me I'm not sure you have to do anything at least as far as gas and electricity are concerned 

the contract says you are not responsible for them so just keep using them 

if the agent tries to set up accounts in their name then simply contact the utility company and forward on the contract and say that you are not responsible.

if at the end of the tenancy they try to deduct money from your deposit then that is what the deposit protection scheme is for

saajan_12

Kevling said:

NOTE 2

The email chain including the comment about bills being included also included the wrong / conflicting appointment times for the viewing, so is not exactly a good example of the agent providing reliable information.

Agent Email 1: “I’ve booked you in for 2.30 on Friday to meet at the property”
Tenant Email 2: “Just checking this viewing is still booked in for tomorrow”
Agent Email 3: “Yes the viewing is still booked in for tomorrow at 2:00, meeting you at the property”
Tenant Email 4: “Just for clarification, is the viewing booked for 14:00 or 14:30 , as in a previous email you said 14:30. Both times work for us, I just wanted to make sure we’re on the same page”
Agent Email 5: Sorry it’s 2:30pm. Just checked the diary. Just to confirm the property is £130 without bills.”

Of all the stuff outside the contract, this seems to the most / only relevant bit. You can't prove the banner on the advert and best case for you it said both, so inconclusive. The meter reading on the inventory could be to measure fair use or just a standard thing the person doing the inventory includes as they may not see the legals.

Mixing up the time of a viewing is neither here nor there, it did clearly state that the price was excl bills. 

Kevling said:

Contract

Particulars:

Rent:  (list of key dates and amounts due)

Subject to clause 4.7 Rent is inclusive of reasonable costs of gas, electricity, water and internet

Clause 4.7 (within section 4. RENT)

...  

On the other hand, this is quite clear and not buried in any long paragraphs. 

So ultimately I think its a 50/50 toss up on what a deposit arbiter or judge would say. The contract is quite clear, but at the same time if the communication was along the exclusive lines then you'd expect some discussion where this changed. 

Aside from the legals, what actually happened here, and what do you want to teach the students? If they actually knew it was to be exclusive and agreed on that basis, why did they keep quiet when the contract said otherwise?