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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice.
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have been in a rented property for 3yrs without a water bill,

Resolved Question:

have been in a rented property for 3yrs without a water bill, know the property has changed ownership we have recieved a hand written water bill from the original land lord. Where do we stand?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What did you agree about payment of utilities with the original landlord?
Customer: replied 3 years ago.

the housing agreement states water to be payed by the tenent, but dispite us asking about water charges we have never been given one, so last Aug as a jesture we gave a cheque for £300 toward it, as new owners were taking over, they say they will carry on with the previous agreement of water included in the rent! as our old land lord has taken so long in giving us a bill and a hand written one, so we dont know the water board charges, do we have to pay? Also although we signed the housing agreement with Dorset letting our landlord never signed it.

Expert:  Remus2004 replied 3 years ago.
Thanks.

Has the cheque been accepted and cashed?
Customer: replied 3 years ago.

yes, I also aked the next door neighbour if he had had a water bill, he said no yet the landlord said he had!

Expert:  Remus2004 replied 3 years ago.
Thanks.

I just need 10 mins to type out an answer if thats OK?

I'm afraid its bad news though.
Expert:  Remus2004 replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The plain truth is that the contract says they can enforce this against you. There's no way of sugar coating this.

Under the Limitation Act 1980 they have 6 years to enforce that matter but they are in time to do so.

I did look at whether or not you could rely on the fact that this has never been enforced before but unfortunately there is express commentary in the contract to the effect that you are liable to pay this.

He may well though not want to sue you to enforce this so you could always offer a lower sum in full and final settlement.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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