How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

We have a dispute with our landlord and the estate agency that

Customer Question

We have a dispute with our landlord and the estate agency that acts for our landlord. A clause in our tenancy agreement states: "It is hereby understood that the costs for heating, hot water and water are included in the rental amount"

We have been issued with a water bill by Thames Water, but dispute that we have to pay it due to the clause in our tenancy agreement that states water is included. The landlord says he is not responsible, and the estate agency say they made a "clerical error". However, we and the landlord have signed the agreement in the belief that water was included in the rent. We are getting no satisfaction with either of the other parties and wonder how to proceed
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you asking if you have to pay?
Customer: replied 2 years ago.

HI, thanks for your reply.


 


We believe we don't have to pay and that either the landlord, or the agent, should pay the water bill. Doesn't the clause I have quoted mean that we should be free of a water bill, and that as the "...water is included in the rental amount" that we should not have to pay extra for what we have believed all along to have been covered by our rent?

Expert:  Jo C. replied 2 years ago.
No, I agree you don't have to pay.

The agreement is quite clear. If they have misdrafted it then that is down to them and they will have to bear the cost.

The landlord might well not have agreed to that and he may have a claim against his agents in negligence but thats not your problem.

Your agreement is perfectly clear and they are liable.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo,


thank you for your reply. This confirms what we have always thought is the case. The only thing I would wish to clarify is what means should be use not to push them (agent and/or landlord) to make good in this clause? Do we have to sue?

Expert:  Jo C. replied 2 years ago.
Well, if he won't agree then ultimately you will.

You can issue here

www.moneyclaim.gov.uk

You might find a letter warning them of your intention to do so if they do not pay will achieve payment though.
Customer: replied 2 years ago.

Do you recommend a formal written letter over email?


 


Is it problematic that a bill has been issued in my name? Thames Water has issued a Final Demand for this. Can I just keep ignoring it? I have been in contact with Thames Water, but as far as they are concerned they can't themselves up in tenant vs landlord disputes.

Customer: replied 2 years ago.
Relist: Other.
I was happy with the answers, but the answers stopped coming. I wasn't clear when it should end. Otherwise, very happy with the answers so far given. I just had one final query related to the answer thread which wasn't answered.
Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you relisted this which caused it to drop off my list.

Formal letters do tend to be better but they have no greater legal status then emails.
Customer: replied 2 years ago.

I have edited this as I had a question about Thames Water in an earlier post which wasn't answered:

 

Is it problematic that a bill has been issued in my name? Thames Water has issued a Final Demand for this. Can I just keep ignoring it? I have been in contact with Thames Water, but as far as they are concerned they can't themselves up in tenant vs landlord disputes.

 

 

 

Hi Jo,

thanks for all your answers. Not quite sure how I re-listed, but it's all clear now. I had wondered about letters vs emails as several people have told me they think letters have greater legal import. Your answer clears that up for me.

 

Thank you for your help.

Best wishes

 

Expert:  Jo C. replied 2 years ago.
No, you need to deal with the bill. Otherwise they will enforce against you.

But you can sue for the cost.
Customer: replied 2 years ago.

Thanks for your help.

Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice