hi yes the contract is bills included
In which case, thelandlord is stuck with it for another five months.
You are notentitled to deduct rent would if he insists on you putting money into the meteror paying for it separately, when you come to the end of the rental term youare entitled to it back. You cannot withhold it from rent without his consent,but it might be worth saying that you are willing to do that.
Can I helpfurther?
The next part isreally important for me:
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when do i get a reply ?
I have already dealt with this point.
You are notentitled to deduct rent. If he insists on you putting money into the meteror paying for it separately, when you come to the end of the rental term youare entitled to it back. You cannot withhold it from rent without his consent,but it might be worth saying that you are willing to do that.
rather curt reply. i was merely clarifying the point,and i also asked what if anything else i could do as i cannot see him being helpful and once the money has been put into the meter i doubt if i will see any of it being returned once i vacate the property
I am afraid that the answer is the answer. The problem you face is that if you deduct the cost of the gas from the rent It then means that you are in arrears with the rent.
Just because the landlord may be in breach of contract to supply gas (that is the only part of the contract he is in breach of, does not entitle you to breach the contract /covenant to pay rent .
If you deduct it from the rent you face him , giving you a section 8 notice to quit for rent arrears.
Not the legal solution (which is to pay for the gas and if he does not let you have it back at the end of the term , sue him), simply deduct all the gas payments from the last months rent when you are leaving because you will then be leaving, in your mind, with nothing owing either way. There is no point in him giving you a notice for rent arrears because you are leaving in any event. if you paid a deposit, you need to factor the deposit in.
If he thinks that you owe the rent for the last month he will have to issue court proceedings against you to recover what rent he alleges you owe and you will defend it on the basis of his breach of contract to supply gas
the trouble with that is i paid desposit of £1,000 so if i did deduct the cost of the gas from the final months rent he would probably keep all my desposit
You can always sue him for gas or deposit. www.moneyclaim.gov.uk is quick and easy or withhold the last two months rent!
Incidentally,, when you moved in did he give you details of the tenants deposit scheme ?is it in the scheme?
renting through agency dont recall any "scheme" being mentioned. If I withhold the last two months rent im i doing so legally? have no wish to break the laws of the land
The laws of the land as I said earlier, says that you pay the rent until the end of the term and then get the deposit and any money in respect of the gas back from the landlord.
If the landlord does not return the deposit to you and he has not put it in a scheme, you can actually Sue him for three times the deposit. Once he protects the deposit, you lose the right to sue him for the extra cost over and above the deposit itself.
He is allowed to protect the deposit late if he has not already put it into a scheme, but if he puts it into a scheme after you issue proceedings , it is too late for him .
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well I think I"ve got enough to fight him with,many thanks for your time and patience,I shall be ringing the agency on wednesday,if i need more advice from you do i get charged?
Great many thanks
hi have been in touch with the landlord resulting in a rent decrease of £25 mth.many thanks for your advice leda
I am glad to help. Regards