Updating post from Reddit.

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TENANT
Posted by thefeelingsarereal 2 weeks ago
Tenancy agreement changed, without landlord notifying us

Hello,

I recently was hit with a water bill from United Utilities, for charges I've never had to pay before as my rent already includes water/wastewater/sewerage.

This was my previous post: https://www.reddit.com/r/uklandlords/comments/1io0lzo/water_chargewaste_water_whos_responsible/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button

I spoke to the staff where I live who said no, all water charges are included in my monthly rent. Great. Went back to United Utilities, who said while those charges might be included, the 'Surface water and highway drainage' (rainwater removal the bill states) charges are the tenant's responsibility, as in August 2024 the landlord changed over to a bulk meter which separates those charges and they now become the tenant's responsibility.

Now, the landlord never notified me of this, and in August I renewed my tenancy and this never stated the changes.

I've actually gone on the landlord's website which now states that the tenant is responsible for water charges. So which is it? I don't know when they updated their website, but nobody's let me know of anything!

Where do I stand now?

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Posted by DancingBukka 2 weeks ago

You live in a block of flats.

When utility companies say 'tenant', they are usually referring to the 'leasehold tenant' who will usually be your landlord. 

In block management lingo, the 'landlord' is the freeholder who owns the land the block of flats are built on. The 'tenants' are the individual leasehold owners of the flats in that building so 'tenants' in the building can be homeowners living in the property or buy-to-let landlords who have let out the property. They are called 'tenants' because flats are usually sold on a leasehold basis where the owner is only 'renting' the land the building is on for a term (usually something like 999 years) and they pay an annual 'ground rent' to the freeholder because of this.

You are actually more of a "sub-tenant" in block management lingo.

Now in certain block of flats, the utility bills are communal, which means they are shared between all flats because there is no direct supply to each individual flat. In this case, tenants (including your landlord) are billed through service charges they pay to the landlord (freeholder). If the utility bill is not communal e.g because there is now a meter indicating supply for each flat, then the tenant (i.e your landlord) now has to pay the utility company directly instead of through service charges.

If a tenant (i.e your landlord) is liable for a utility bill, but they are letting out the property, then the tenancy agreement is what determines whether you or your landlord pays it.

In this case, your tenancy agreement is clear that all your utilities are included in the bill, so it is your landlord who needs to pay it. If you have already paid it, then your landlord will need to reimburse you & also ensure that this new bill is paid going forward so as to avoid disruption to your utility supply.

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Posted by thefeelingsarereal 2 weeks ago

Thanks so much - yes, I've already paid the first charge up to the end of March, as I didn't want to be penalised or anything! I'll speak to the manager here when he's back on Monday.

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Posted by DancingBukka 2 weeks ago

You're welcome! That sounds like a plan.

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Posted by mrblockninja 2 weeks ago

Have you got a copy of your tenancy agreement? Because this will answer your question.

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Posted by thefeelingsarereal 2 weeks ago

Yes, of course - it doesn't state any changes in the tenancy agreement - I read it in full every time. But I have United Utilities giving me all this information which is conflicting to what my tenancy agreement states. I don't know who's in the wrong haha

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Posted by mrblockninja 2 weeks ago

The tenancy agreement is the single source of truth in this situation. The water company just want their money, so they won’t care for the agreement between you and the landlord. In your shoes I would notify your landlord in writing of the current situation and provide a citation from your tenancy agreement. And as a compromise suggest you are willing to pay the water company but deduct that amount from rent paid.

*if your tenancy agreement states that all utilities are the responsibility of the landlord, not the tenant

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Posted by thefeelingsarereal 2 weeks ago

Brill, thanks so much - I'll get back to the landlord and take it from there. I could do without this faff haha thanks.

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Posted by mrblockninja 2 weeks ago

No worries, best rule to follow through all of this is to work WITH the landlord not against, ultimately the want the same thing as you - a pain free tenancy. But don’t let them be in breach of their own contract.

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Posted by thefeelingsarereal 2 weeks ago

Yeah, exactly - I do like the people that work in the building so I'll speak to them later. I'll probably be best speaking with the manager on Monday, when he's in. Hoping we can sort this out! :)

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Posted by mrblockninja 2 weeks ago

Nothing wrong with speaking in person, just remember to follow up conversations with an email confirming what’s been spoken about. What I’ve learned is if it’s not written down, it didn’t happen

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Posted by thefeelingsarereal 2 weeks ago

Definitely - thanks so much :)

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