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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I signed a tenancy agreement under the impression that all

Resolved Question:

Hi there, I signed a tenancy agreement under the impression that all bills are included in the rent. Now, after one year I have received a few bills from Scottish Power addressed to me asking for payment. My landlord claims he is sorting the issue but I now have received a final demand letter and don't know what to do. The problem is our tenancy agreement doesn't explicitly state that bills are included. One of the provision says the following:The Tenant's obligations:2.1 To pay the Rent at the times and in the manner set out above
2.2 To make a proportionate contribution to the costs of all charges in respect of any electric, gas, water and telephone or televisual services used at or supplied to the Property and Council Tax or any similar property tax that might be charged in addition to or replacement of it during the Term.Before we signed the contract he stated in an email that the rent includes electricity, water, gas and council tax bills. We clearly signed the contract under a false claim, so I'm wondering if this is a case of misrepresentation and how I can use this to enforce our landlord to pay the bill. His email is printed on the contract so we can link any email conversation to him as a landlord.Any suggestions are much appreciated.Kind regards,Florian
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Do you still have the email saying it was included please?

Customer: replied 1 year ago.
Hi Alex,Yes, I still have the email. I have a attached a screenshot of the section where he lists the bills that are included.
Expert:  Ash replied 1 year ago.

Ok good. Then you should write and say it is an express term which was agreed upon and included into the contract.

You should pay the bills if you can and then ask your Landlord for payment following the process below. You must NOT withhold rent.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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 for trial.

Can I clarify anything for you about this today please?

Alex

Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex,Many thanks for your help - it make all sense to me.Florian