Implied fair usage of gas and electricity in an AST

[LXP31677]

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[PlanB]

Re: Implied fair usage of gas and electricity in an AST

I've checked the ASTs I have with them, which was a standard purchasable one, and it didn't have a fair usage policy or a line even stating "within fair and reasonable use" built into it regarding the use of gas and electricity/water....

Would there potentially be an implied fair usage with regard to gas and electricity use?

How would it legally stand if I was to ask them to pay for their usage over £100/month for a combined amount of gas and electricity (which seemed to be a standard but quite generous amount quoted by letting agents)?

Would I be able to withhold part of their deposit (which is held with the DPS) when they leave if they refused to pay the excess to cover the excessive usage? .

You can't charge your tenants (or withhold from the deposit) for anything which isn't explicitly stated in the tenancy agreement. If you like your tenants and want them to stay in the property then insert a capped amount for utilities into the next AST but you can't do this retrospectively.

Tenancy agreements often include council tax and water rates (not metered) because the cost is fixed, but gas/electricity/phone etc is open-ended and open to abuse. There's nothing you can do in this case. Even if there was, how would anyone argue what was fair usage of central heating in a bitterly cold winter with more snow than most years on record
:snowbal:

[FlamingParrot]

Re: Implied fair usage of gas and electricity in an AST

All inclusive tenancies are not that common precisely for that reason. It's more common to have utilities included when you are just letting out rooms to lodgers in your own home, on short-term lets where you charge enough to cover for this usage, or when you have a small property on a high rent (like a studio in Central London).

I keep my place roasty toasty even though I pay may own utilities. I couldn't see myself willing to live in a cold place, or resorting to hot water bottles for the sake of saving my landlord/lady money (sorry Plan B! :embarassed: :behindsofa. It's just human nature, and there is also the perception that landlords are rich and getting richer at the expense of tenants, even when this isn't always the case.

[PlanB]

Re: Implied fair usage of gas and electricity in an AST

I agree FP. If the tenancy agreement says the Landlord will pay all bills with no limit set on the usage then I would probably leave the heating on day and night with the window open. It would be like telling a hotel guest to help themselves to a free mini-bar :spit: :spit: or an all inclusive buffet :hungry: :lunch:

The OP should check that they're on the best tariff with the utility company before the bill arrives to minimise the damage and offer to pay by monthly instalments if it's seen as a "shock bill".

But I am curious to know how the OP (Landlord) already knows the Tenants have "had the central heating on constantly and the thermostat at 30 degrees" unless there's CCTV involved :spy:

[FlamingParrot]

Re: Implied fair usage of gas and electricity in an AST

I agree FP. If the tenancy agreement says the Landlord will pay all bills with no limit set on the usage then I would probably leave the heating on day and night with the window open. It would be like telling a hotel guest to help themselves to a free mini-bar :spit: :spit: or an all inclusive buffet :hungry: :lunch:

The OP should check that they're on the best tariff with the utility company before the bill arrives to minimise the damage and offer to pay by monthly instalments if it's seen as a "shock bill".

But I am curious to know how the OP (Landlord) already knows the Tenants have "had the central heating on constantly and the thermostat at 30 degrees" unless there's CCTV involved :spy:

Surely that would be illegal, as would be entering the property without the tenants' knowledge and permission, :spy: unless it was an emergency!:flame:

[CleverClogs]

Re: Implied fair usage of gas and electricity in an AST

But I am curious to know how the OP (Landlord) already knows the Tenants have "had the central heating on constantly and the thermostat at 30 degrees" unless there's CCTV involved

Perhaps that was reported to the landlord after the plods had raided the property, in the belief it contained a cannabis farm?