Is there such thing as an unenforceable contract clause?

[sharkey]

Hi

Thanks to TalbotWoods for pointing me to this great site.

Here goes my question.

I moved out of my flat about 2 years ago and had to rent it out via a letting agent after it was unsold for a long while, they found a tenant who done a bunk after 6 months and I only received one month deposit and the management company took their cut.

To add insult to injury the tenant never paid the utility company that the block is tied into and they then sent me the bills saying I was responsible for the £600 unpaid bill and stated a clause in the contract that says,

"The terms of the tenancy management agreement between you and us state that you remain responsible for the utility bills at your property and that any arrears will be transferred into your name if your tenant insists on not paying their bills"

I am refusing to pay this as I informed them all along of the tenant and was unaware of any arrears as the letting agents were getting all the reminders that the tenant was in arrears. I can get nowhere from the letting agent and I no longer deal with them. The utility company insist it is now my debt but have repetitively refused to show me evidence that I have signed to agree to this.

I have to go to court on this soon to answer my case and am wondering if I can make a case for an unlawful clause (is this possible) or shall I just argue that I have never agreed to this as they have not submitted any signed agreement from me in their court evidence.

Hope someone can help.

[sharkey]

Re: Is there such thing as an unenforceable contract clause?

Anyone!

[labman]

Re: Is there such thing as an unenforceable contract clause?

When you say, "They sent me........" do you mean the utility company. If so, is there a clause in the original contract from when you bought the flat that refers to this?