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Exceeding utilities fair-use policy when fair-use policy is not in contract.

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  • Exceeding utilities fair-use policy when fair-use policy is not in contract.

    Hello, all.

    I am wondering about a situation with regards to my tenancy agreement and I was hoping more informed people could help me out.

    Details:
    -Utilities are included in this rented property
    -I am being warned about my electricity usage at this property with it stated that I am at X amount away from the annual fair-use cap, beyond which I have to pay for my electricity usage.
    -Initially, when I signed the tenancy agreement, I asked if a fair-use policy existed via telephone to my agent. It was stated that there was no fair use policy. I asked explicitly whether, hypothetically, were I to use a whole city's worth of electricity that this would not be charged. The agent confirmed, again via telephone.
    -In my tenancy agreement contract there is a clause which states that 'if the tenant's usage exceeds the landlords monthly contribution of ____________ for electricity, ___________ for gas ...', then the tenant is supposed to pay for the shortfall. Now, to be clear, these "___________" bits are exactly that. Blank. No number is written in this tenancy agreement contract the amount above which I am supposed to pay, on either copies of the tenancy agreement.
    -At the end of the same clause: "The supply of utilities is subject to a fair usage policy, a copy of which will be provided at the tenant's request."
    -Also, when signing the agreement, the agent also stated that the above clause did not apply. So I just crossed it out there in front of the agent, and signed.

    It is my understanding that because those blanks are blank, and because of what my agent said when I asked about a fair-use-policy (and aforementioned questions), the legally binding tenancy agreement does not include a fair-use policy, and therefore my landlord cannot enforce this fair use policy legally on me. It is only now, in this warning letter, that I have discovered the fair-use policy is apparently Y per month.
    Last edited by Saul; 11th November 2018, 12:21:PM.
    Tags: None

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