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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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hi, I rent a large property from my landlord and have my own

Customer Question

hi, I rent a large property from my landlord and have my own contract with british gas to provide gas and electricity within the house. Part of the downstairs which include a joining conservatory and indoor swimming pool, gas is supplied by the landlord through his adjacent commercial property. the indoor swimming pool and all radiators broke down and took the landlord 2 1/2 months to repair. during this time I could not use the area that gas was being provided to by my landlord.

during this time also, the landlord heated and reheated the pool at the end of each attempt to repair (probably 4-5 times). the landlord has recently provided me with gas bills made out in a commercial business name and assigned 81 per cent of charges to me.

Where as he had previously detailed the preceeding months where I had been able to use the pool and radiators were working at approx £300 - £400 per month, he is now insisting I pay over £3000 per month x 2 months for the gas he alone used during the course of the pool repair.

Please advise if I am liable to him passing on this gas bill to me or should I not pay. I have asked him to explain how he calculates my 81 per cent as there are other persons that he passes gas to also but he avoids answering. he continues to insist I pay and is threatening a notice to seek possession (eviction) if I do not pay.

Kind regards

XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is in your tenancy agreement regarding gas bills and production thereof please?

Customer :

my contract does state that I am to pay £500 per month to cover gas and electricity being provided by the landlord to the pool, pool room and conservatory and that there would be a review of overall costs after a 6 month period.

Customer :

sorry, I was hitting the wrong button

Customer :

I am aware that the landlord is being awkward and vindictive as within the contract it also stated that my deposit was protected and even gave a registration number. after insisting several times that he had protected my deposit he finally conceded that he hadn't protected my deposit with DPS and as a consequence is now subject to court action

Customer :

I suppose I am hoping that my argument is that he was choosing to use the excessive amount of gas required to reheat the pool several times during his chosen course of repair.

Alex Watts :

But are you paying £500 a month, or are you paying more than this please?

Customer :

i pay £2000 per month rent and have paid £500 per month toward gas and electricity since occupation 1st August 2013. My account is also in good order with british gas for the rest of the house as I manage this privately.

Alex Watts :

Your contract says £500 a month for gas, but he now wants you to pay more?

Customer :

my contract does refer to £500 per month as a contribution to gas but it was verbally said that it would be roughly £100 either side. until the pool was out of use and he began to repair and reheat (the pool remained out of use for the 10 week duration of repair) a precedent had been set previous months at around £300 per month based on what was being used

Alex Watts : On what basis is he saying 81% is you? Does the agreement say what the split should be?
Customer :

yes it dosnt expain his reason for the calculation tho

Alex Watts : Ok you can refuse.
Alex Watts : If the lease does not specify a split and indeed states its a contribution of £500 that's all you need to pay.
Alex Watts : The landlord is being tight and does not want separate supply meters.
Alex Watts : I am sure when you use less that is all very well for him
Alex Watts : But how does he know you have used that gas? He does not. He is assuming.
Alex Watts : If your lease does not specify a split and just a contribution there is no way he can enforce anything more.
Alex Watts : can I clarify anything for you about this today please?
Customer :

no thank you very much for information so far

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Can I clarify anything for you about this today please?

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