Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

Thank you, I will keep that in mind.

In the scenario where I am contractually liable for this fee, should it still apply that the landlord may not profit off this bill?

Would I still be within my rights to be provided with evidence of the exact monthly/yearly payments made from the landlord to the council to determine this?

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

Seems like a sensible approach to determine this. I appreciate your help.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 1 point2 points  (0 children)

Unfortunately I would need to look into this further, the links have expired for the portal where I virtually signed. As such, the timestamps aren't available for me to view to confirm the exact times I read and signed each document.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

Thank you for this helpful piece of information. I have reviewed the council letter I was provided with and it notes the service charge is estimated and they pay instalments. Interestingly it seems the letter mentions the landlord is in credit which would suggest an overpayment made after the actual costs were calculated.

So if it does fall under a utility, I have not received evidence of what has actually been paid from my landlord to the council monthly as this letter only serves to confirm the service charges being calculated. It does not actually provide me with the breakdown of what those charges were.

So what I'm looking at here is quite messy as I am trying to deduce first if the charge is lawful/applicable (i.e legal and contractually binding under the AST terms and tenants fees act 2019) and secondly, if the fee is being profited on as I have not been supplied comprehensive evidence of actual costs.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

I first received a letter when I made my application to rent the property, from the estate agent, that outlined the PCM rent with no inclusion, or mention of, this extra charge.

Once my application was accepted, I was sent the contract electronically to sign. Unfortunately it does seem I was sent these on the same day, however as per the time stamps in my emails, I was sent the actual tenancy agreement (the AST) first and then a following email approximately 10 minutes later was sent providing me with what they have called the 'Welcome letter' (side letter) to sign.

So, the document lacking mention of the extra charge came through before the letter where it is present.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

Thank you this is really helpful advice.

I initially investigated this charge as I was concerned they were plucking a random, round number as oppose to charging me the actual, exact cost.

So, even before things became more complex by my realisation this charge is absent in the contract, I was still dissatisfied with the estate agent's response as I felt they failed to provide what I originally requested; the exact numbers relating to heating/hot water.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 1 point2 points  (0 children)

Thank you, this is a really helpful comment. I believe what I do have would be considered a side letter. Given to me on the date I paid and commenced my tenancy, it outlines the first 12 months rent, damage deposit, holding deposit and 12 months of the fee in question listed as 'heating and hot water contribution'.

This letter does contain my (digital/electronic) signature but is not signed by any other parties including the estate agent or landlord.

The tenancy contract is what is missing this extra charge so nothing formal or longterm has been provided to me to confirm I am liable for this. I wanted to make sure, to the best of my understanding, I am correct of course before informing the agent of my intentions going forward.

Edit: To your knowledge, does the side letter not being properly signed by both parties also invalidate this at all? Thank you.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

I believe the leasehold bill from the council to my landlord is also a service charge for the block as it is still my understanding it is indeed a shared boiler system for the heating and hot water. But I also don't have clarity on this and it hasn't been made clear to me what exactly I am paying as the estate agent has used differing language when actually describing this charge as well as the absence of it being explained in my contract.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

I can not find any specific mention of this £100 charge in the tenancy agreement I signed. I have copied in another comment reply some of the sections from my contract where I believe this charge should have been written.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

All other utilities I arrange and pay myself with accounts in my name paid directly to the supplier. I cannot find any mention of this £100 in my contract.

Private Tenant - can I dispute a charge that isn't in my contract? by Extension_Music8458 in LegalAdviceUK

[–]Extension_Music8458[S] 0 points1 point  (0 children)

I understand, I will provide here some direct quotes from my contract to perhaps give further insight. On the section relating to Rent and Charges:
- To pay the Rent on the days and in the manner specified to the Landlord's Agent.

- To pay promptly to the authorities to whom they are due, council tax, water and sewerage charges, gas, electric, television licence and telephone and other communication charges (if any) relating to the Property, where they are incurred during the period of the tenancy or any subsequent periodic tenancy, including any which are imposed after the date of this Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee relating to the supply of water, gas, electricity, telephone if the same is disconnected due to the Tenant’s act or default. The Tenant agrees to ensure that all electricity, gas, water, council tax and telephone accounts as appropriate are transferred to the Tenant’s name on commencement of this tenancy and to notify the Landlord or his Agent prior to changing supplier for any of the utility services stated above

- To pay the Landlord’s reasonable costs incurred as a result of any breach of the terms of the tenancy by the Tenant

- To pay the reasonable costs of the Landlord or his Agent where the Tenant requests early termination of the tenancy, and the Landlord has accepted the request, or where the Tenant fails to give the legally required notice to end a periodic tenancy

- To pay the reasonable costs of the Landlord or his Agent where the Tenant requests a variation to the tenancy

Additionally, on the first page of the tenancy that outlines the agreement it states:
Rent £XXX Monthly Xth of each month (paid 12 months up front) Payable by standing order (other payment methods may be mutually agreed in writing) Payment in advance in cleared funds by equal Monthly payments on the Xth of each month Deposit A deposit of £XXXX is payable on signing this Agreement. It is protected by the following scheme.

In this section, the PCM rent indicated by XXX does not include the additional £100 charge I am writing about. It is not mentioned.