I just wanted to double check a point of law. The Rent officer, when questioned said the landlord's right to seek extra charges on top is contained in 1977 Rent Act Section 70 and the VOA - Valuation Office Agency information site states following:
Water rates or water charges
Section 71 (1) of the Rent Act lays down what must be included in a registered rent. It establishes that anything payable by the tenant to the landlord must be included in the registered rent even if it is under a separate agreement from the main tenancy agreement.
However, Section 71 (2) excludes “rates” from this principle and states that if the landlord is responsible for rates the rent registered must be “as if the landlord wasn’t responsible for them but the registration must note that he is”.
This means that the rent is calculated exclusive of rates but the register must state that the landlord actually pays the rates.
Section 71 (3) then allows the landlord to add the cost of the rates to the registered rent.
In summary, if the landlord pays the rates, he can add the cost to the registered rent. If the tenant pays the rates then they do so to the billing authority directly.
Most rates ceased many years ago and local government taxation is now via council tax (which can be included in the registered rent under s71(1) as explained above).
‘Rates’ are defined in s152 as including “water rates”. This means that if a property is individually rated and the landlord pays the water rates, the rent officer registers the rent exclusive of the water rates but the landlord recovers them on top of the registered rent.
Does this constitutes 'legislation'? And if so, does this give the right now for landlord to seek extra charges even though that have always been included for last 30 years, or to reiterate, does/would my implied contract take priority in Law - if it came to a legal fight?
you said I could ask more questions on this thread, as I can't afford another question.
If that is not correct, and I will be charges again please let me know.