Advice please on electricty/water usage...

[noodles]

Hi all I've been having lots of issues with my landlord lately and have been using the 0800 TENANCY number for advice, last time I explained my situation to them they told me I shouldn't be paying for power and water and need to give my landlord a 14 day notice to refund all my power and water and have work done before they can charge me... just wondering what you all think... let me explain

I live in a big house that seems to have been divided into two, by adding another bathroom. Its self contained we have no shared spaces with the couple next door (same house but different entrances). There seems to be a check meter for the power, which is in my landlords name and she sends us a page of calculations working out how much we owe as a bill. There is one hot water cylinder for both properties, which is next door. There seems to be only one water meter as well. They told me on that advice line because the landlords cant exclusively attribute our usage of power and water we shouldn't be paying for them. Is that right??

[TheLiberalLeft]

If there's only one HWC then it's impossible to gauge usage, that is true. How can two separate units share a HWC though? That would drive me nuts.

[TheLiberalLeft]

What's written into your agreement regarding power charging?

[noodles]

We haven't run out of hot water yet All it says is, The tenant shall: pay electricity, gas, telephone and internet charges. And, Pay for water supplied to the premises if: the premises are separately metered; and the water supplier charges for water on the basis of consumption.

[TheLiberalLeft]

What does your water-sharing neighbour think of the power charge arrangement? Have you approached the LL and asked WTF?

[noodles]

The neighbors are friends of the landlords I think so tend to avoid us as this isn't the first time we've had issues with our landlord. We've tried to talk to them and have emailed them, they just go blank or don't reply and say they don't understand because they don't speak English very well (i think they know exactly what were talking about). So I've given them a 14 day notice to refund what we've already paid in power and water, and to have 2 HWC's and water meters before they charge us anymore on the advice of the people at the DBH, just hoping it was the right thing to do.

[steven anderson]

Good on you to give the LL the 14 day notice to rectify. Sounds like a unpleasant situation. If they cannot attribute usage, them they cannot charge you for it, I doubt (but don't know) whether a "check meter" is a suitable instrument to measure power consumption. A separate water meter would probably be impossible as it one property. As for the wiring that would cost a bomb for the LL to rectify as the house would need to be rewired.

If they do not come back with a response then you'll need to take it the next step to the TT. The question you might need to consider and possibly face is whether you entered into this agreement knowing how everything would be calculated. If you agreement only says that water will be charged "on consumption", but only if separately metered, I doubt they can touch you on either electricity or water.

[TheLiberalLeft]

So can they expect a 60-day notice to vacate?

[noodles]

Thanks that's helpful. Were on a fixed term, but it ends in May

[TheLiberalLeft]

Awesome - free power & water for at least 2 months.

[essence]

I very much doubt whether they will address this issue within 14 days, so be ready to go to TT. At TT it wouldn't hurt advising the Adjudicator that you're on a FTT that is due to end on xxxx date.

Also be ready to move. Start looking for a new flat/house because I doubt the LL will want you to stay because you've taken them to TT and also (if it's successful) you're forcing them to remedy the problem. For them it's easier to get a newer (naive!) compliant tenant.

Awesome - free power & water for at least 2 months.

Whilst TLL's suggestion sounds great, it's the tenant's responsibility (Section 40(1)(a)) to pay the rent in full and on time.

Should you not do that, the LL would have to apply to the TT for a hearing to get his rent back off you. Some LL's aren't very organised and it may take some time for this particular LL to do that.

Did you pay a Bond??

[DazRaz]

I wonder if the conversion to two flats is properly permitted? Seem odd for the council to sign it off with such a mickey mouse arrangement for power and water.

[noodles]

Yeah we are all prepared to move when its up. Yep we paid a bond which they didn't actually lodge until 3 months after we moved in after I gave them a 14 day notice. We are still paying rent in full on time, just considering not paying the next power/water bill until this is solved. We already have a hearing 5th May for something else, will add the power/water to it when they don't do anything about it . I've also wondered if its actually legal not only because of the power/water situation but there was no stove here when we moved in (we didn't mind all these things when we moved in because we desperately needed to move for work, and had our own cooking appliances) and whenever we have asked them about a oven they just change the subject.

[Wayne]

when you move make sure you drop a note to the council re the situation - they may be very interested.

[steven anderson]

You are miles better off off without tools like that for Landlords. From your comments earlier it sound possibly dodgy, but with further commentary it sounds all pretty dodgy. Find yourself a new and even possibly safe and compliant place to live and forget about people like your current LL's who give the 99% of us who do the right thing a bad name.

Definitely you should have a chat to the local council, even take some photos of the dividing wall - I'm sure that will interest them as will the check meter for power.