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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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, i am looking advice regarding a landlord issue

Customer Question

, i am looking advice regarding a landlord issue that i have, I have lived in my rented property 6 years. When i moved in my landlord provided me with my meter numbers and i registerd with EDF energy. Last year after being made redundant i started to examine by expenditures and noted that i had not provided an actual meter reading few years. Having done so i was issued with a bill in deficit for £2888 approx. I challenged this bill as previous 5 years i had not really beein in the flat due to working conditions and the charges were absurb 1 bed, 1 person flat.
Upon investigation by edf it was discovered that my flat did noty have it's own supply and the meter i had been paying to the flat below which was also the property of my landlord. That property was however rented out to include utilities unlike my flat. EDF confirmed that on their national database there were actually only two meters registered address even though there are 3 flats in the building. I was issued with a refund from edf and a bill was sent to the correct flat full amount. My landlord was then notified by me that this had happened and he claimed to have no knowledge of this and did not comment on claiming additional rent so knowingly never paid a bill in 6 years. He has changed the agreement with the current tennants so that their utilities are no longer included in their tenancy agreement.A few months later meters were installed against my property and i have subsequently paid the bills as i have received them.
At christmas i decided to leave my property and seek alternative accomodation and have subsequently issued my notice. I left the property last week and have been informed by my landlord that he will not return my deposit (£1463) until the bill is settled and when i challenged this he said that i owed towards the bill from edf which he wants settld. I have no issue with paying a portion of this bill as I did indeed use the gas but i want to make sure that there is a fair way to calculate this - I was informed by my landlord that i needed to supply edf with reading days and they would calculate the amount but having spoken with them they have confirmed that this is a 3rd party despute and they will not be involved.
I am now very nervous about this and how to handle it and i feel i should go down a for,mal route as i am intimidated when speaking with my landlord. My deposit was never put into the tennants deposit scheme even though i requested this and i feel i have no protenction and no way of resolving this.
Are you able to advise how this matter should be handled and taken forwards? I can't afford legal costs but i don't want to be taken fool as i am being. He has been very clever in not providing his details to edf as well as changing the agreement with the current tennants. Edf are not pursuing him a false meter as was confirmed by the engineer who replaced the old one even though my flat was tapping into an unmetered supply. Any advise and support will be appreciated.
Kind regards
Luciana
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Luciana my name is ***** ***** I will help you with this.

Alex Watts :

please let me know what type of tenancy agreement you have?

Customer : Alex, nice to meet you! I had an assured shorhold tenancy agreement renewed annually up until October last year where I moved onto a rolling contract as my landlord didn't get round to sending me a new one despite me chasing.
Alex Watts :

What is it you want to achieve?

Customer : , I want to be able to send the facts to my landlord on what is legal and not and find a resolution to the bill split. Just talking alle will not work I need the support of a letter or institution I think.
Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .



Can I clarify anything about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish help: http://www.justanswer.co.uk/law/expert-alexwatts/

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