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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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have been renting for 1 month contract 6mths all bills included

Customer Question

have been renting for 1 month contract 6mths all bills included gch broke landlord replaced and has installed gas meter which we have to pay for seperately what can i do about this as surely its a breach of contract
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Does the original contract say that all bills are included?
Customer: replied 4 years ago.


hi yes the contract is bills included


 

Expert:  Stuart J replied 4 years ago.


In which case, the
landlord is stuck with it for another five months.

You are not
entitled to deduct rent would if he insists on you putting money into the meter
or paying for it separately, when you come to the end of the rental term you
are 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 help
further?



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really important for me:



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The thread remains open. Thanks

Customer: replied 4 years ago.

so the landlord has breached the contract so is 100% inthe wrong and should give a rent reduction? if he doesnt what can i do?
Customer: replied 4 years ago.


when do i get a reply ?

Expert:  Stuart J replied 4 years ago.

I have already dealt with this point.

You are not
entitled to deduct rent. If he insists on you putting money into the meter
or paying for it separately, when you come to the end of the rental term you
are 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.

Customer: replied 4 years ago.

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

Expert:  Stuart J replied 4 years ago.

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

Can I help
further?

The next part is
really important for me:



Please don't
forget to positively rate my

answer service (even if it was not what you wanted to hear) and I will follow

up any further points you raise for free. If you don't rate it positively, then

the site keep your deposit and I get 0 for my time. If in ratings you feel that

you expected more or it only helped a little, please ask me for further info

before rating me negatively otherwise I don't get paid at all for my time and

answer.

The thread remains open. Thanks



.
Customer: replied 4 years ago.


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

Expert:  Stuart J replied 4 years ago.

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?

Customer: replied 4 years ago.


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

Expert:  Stuart J replied 4 years ago.

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 .

Please don't forget to
positively rate my

answer service (even if it was not what you wanted to hear) and I will follow

up any further points you raise for free. If you don't rate it positively, then

the site keep your deposit and I get 0 for my time

Customer: replied 4 years ago.


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?

Expert:  Stuart J replied 4 years ago.
As soon as you rate my answer positively I get paid Laughing, but the thread remains open for you to ask follow-up on the same question. Unless you have signed up for a subscription, you only pay once, regardless of the number of times that we exchange emails
Stuart J and other Property Law Specialists are ready to help you
Customer: replied 4 years ago.


Great many thanks

Expert:  Stuart J replied 4 years ago.
Laughing
Customer: replied 4 years ago.

hi have been in touch with the landlord resulting in a rent decrease of £25 mth.many thanks for your advice leda

Expert:  Stuart J replied 4 years ago.

I am glad to help. Regards

L