Varying A Fixed Term Tenancy

[Perry]

So the council comes along and installs a water meter and says water charges will start shortly.

There is no mention of water charges in the FTT, so such a scenario is not covered. Can I add a variation that - from the Council's charging-for-water-date - requires tenants to pay for water consumed, during the currency of a FTT?

[Keys]

Ask the council for certification that the meter is accurate. Ask also, how regular do the meters get checked for accuracy?

Put the rent up to cover any charge. Write it into the next TA.

[Perry]

But don't current tenants - in areas where there are water use charges - pay for that as a separate and discrete item? A blanket rent increase would or could be either over or under the actual water consumption cost.

[Aced]

Hi Perry

Yes, up here in Aucks the tenants pay for the consumption and waste water per month provided the property has it own meter. Check meters must be installed if additional "property" drawing from same line.

If no check meter then the landlord is responsible for the water bill. Many LLs are currently getting away with still charging though.

The LL is also responsible for the fixed fee portion, if you should have one. This is the part that is a major bone of contention amongst lots of LLs. Many companies/LLs are also on-charging this to the tenants.

Tenant ignorance of what is permissable is why LLs are not being brought to the Tribunals attention. I know of a few instances whereby the tenant became educated re both the fixed fee and non check meter issues and the LL has had to dig deep and refund.

[Keys]

A blanket rent increase would or could be either over or under the actual water consumption cost.

You can't do anything with this current tenancy except raise the rent.

Future tenancies are different as you can write the details into the TA

[Perry]

You can't do anything with this current tenancy except raise the rent.

Huh? How can I raise the rent? It's a 12 month FTT and the rent gets reviewed annually. (Not due until December 2016)

That's why I'm wondering if a water usage charge was levied on the tenant before then, that it would be somehow treated as a de facto rent increase that was 'illegal.'

[ivanp]

Is it commercial?

[Keys]

Huh? How can I raise the rent? It's a 12 month FTT and the rent gets reviewed annually.

Well, it happens to most of us on occassion. I made the assuption that you had a rent increase clause in your tenancy agreement.

[Perry]

No. FTT Residential. (I presume that if it was commercial, it would be called a lease)

[Perry]

Well, it happens to most of us on occasion. I made the assumption that you had a rent increase clause in your tenancy agreement.

It's an old tenancy and the TA has an annual variation and renewal clause.

[Wayne]

So you currently pay for the water through rates (has to be paid somehow).
They install a water meter and charge for usage.
Will the rates come down (or go up less next time)?
Stop laughing!

So if the rates come down then you aren't really out of pocket.
Stop laughing!

You'll have to wear it until the annual review.