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Tenancy Agreements - Gas & Electric
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QUESTION:
I have four tenants in my property under separate assured shorthold tenancies (I bought the contracts from W H Smith) which automatically continue after the initial fixed period. By 1st Feb 2007 all of these tenants' fixed terms will have expired.
When I initially started letting the property I also lived there as a resident landlord, so I included all bills (except phone) in the monthly rent. However I have since moved to the USA.
About six months ago I gave the tenants two months' notice that I would no longer include gas and electric as I no longer lived there and could not regulate usage (electricity bills had more than doubled). They were very unhappy about this as nobody wanted to take the bills in their names so I agreed to keep them in my name, but only if they would agree to pay proportionately more if the bills increased again. They all agreed to this by email.
Now my latest bill shows the gas has also more than doubled. I notified the tenants that from December they would have to pay the increase, as well as £30 each, for the September to November quarter.
At least two of them are refusing to pay for last quarter but I feel I must insist they are responsible for their gas and electric going forward to avoid future headaches like this. I am happy to reduce their rents by the amount currently included for bills and can give them two months' notice of the change, but how am I best to go about this to avoid more conflict?
As I said, their contracts are off-the-shelf types which actually state tenants are responsible for all bills on top of the fixed rent, but I have based the inclusive nature of the contract on goodwill (although mine is now running out!). Can I withhold the owed amount from their deposits when they leave, and how could I prevent them withholding their last month's rent to guard against this? In the meantime, should I draw up new tenancy agreements?
ANSWER:
I think you should make it very clear to anyone who is not prepared to pay the appropriate sum that you will serve them a 2 -month notice seeking possession. I am afraid it would depend very much on what your receipt said about what the deposit was held for whether you can deduct it from the deposit – service bills are not usually included. I think the only way you could stop them with-holding the rent for the last month is appealing to their good-will – which appears to be lacking at present! Yes, prepare new tenancy agreements – I would have preferred these were done when the arrangement changed. Any new tenants must get individual bills in their own names, so you may need to get new meters installed. Then, if a tenant leaves a debt, he will be pursued by the energy companies – as it stands at present, you could be left with a debt and little chance of recovery as the bills are in your name.
Tenancy Agreements - Partner moving in
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QUESTION:
I have been renting from my current landlord for about 10 years. In the past two years my partner has moved in and is using the address as his official address. I have a single tenancy agreement and would like to continue with that arrangement, with my partner simply splitting the household bills. However, my landlord is keen to place us on a joint tenancy agreement, saying that if we split up, my partner may have squatter's rights. Is this correct? Would it not be the case that a joint tenancy agreement would be a greater liability for the landlord?
Am I entitled to stick with a single tenancy agreement?
Answer:
Squatters have no rights, unless they have lived in what was an empty property for a very long time- not the case here as you have a tenancy. If you decided to move out and your partner remained, the landlord would issue a Notice to Quit as he is there under licence only ie with the permission of the landlord. A joint tenancy makes you both jointly and severally liable for the rent, so he could pursue you both, if you leave rent arrears. If one of you decided to terminate the tenancy, then it would end it for both of you anyway. The only thing to beware of is if one of you becomes unemployed, to ensure that there is no fraudulent claim.
Tenancy Agreements - Inspection Visits
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QUESTION:
I have a tenant who moved into my property in 1994 without any formal tenancy agreement. He now refuses me access to view my property at any time.
Do I have the legal right to inspect the property, given that I can provide some 24 hour’s notice? .How should I progress this with the courts? Solicitor’s letters have been to no avail.
ANSWER:
This is quite tricky as if your tenant will not allow you in, it is difficult to insist, even though you are doing what is required by providing notice. As it was 1994, the tenant has an Assured Tenancy, so has greater security so it would be difficult to threaten eviction even, without a proper ground. Do I take it he is not allowing access for gas safety inspections? If so, he is putting himself at risk and also you – Fire Safety take failures to inspect and have a current gas safety certificate very seriously. As you have already done what would be recommended, i.e. get a Solicitor to write a letter, I think I would contact Environmental Services and have a chat with them. They can almost certainly enter the property and ensure that there are no outstanding repairs and also ask about the gas safety.
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