Landlady refusing to pay tariff charge electricity share. Help appreciated.

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    #16
    A tenant has the right to use any utility supplier and tariff that they choose.
    The fact that the landlord has elected to piggy back off the arrangement is their choice, and that doesn't give them any additional right over the supplier choice or the tariff.

    While it might be stretching the point, using this arrangement to obtain a discount on their own electricity supply is actually a fee, and is, consequently, prohibited.

    Personally, if the landlord doesn't agree to pay, I'd live with it (on the too hard right now basis) and then I'd underpay the last month's rent by the amount "owed".
    The landlord might be able to recover it from the deposit, in which case I'd use the small claims process to recover it.

    That kicks the can down the road until you're no longer a tenant of this repellent person.
    By then you might not care, or you may find this is the first of a series of stupid issues.

    Just out of interest, who's names as the landlord on the tenancy agreement?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #17
      Section20z,

      I am happy to change the supplier from now. I am not happy that they are refusing to pay their share of the current bill up until now. That is the issue.

      If she had wanted a cheaper tariff from the beginning of the tenancy, she needed to have told me that at the outset. Not refuse the payments now because she doesn't like it.

      She also did not tell me my billing account would make me liable for payment for both property's energy bills.

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        #18
        jpkeates,

        Yes, I suspect I have to kick the can down the road and then take her through small claims once I leave here.

        There are 2 sisters who are daughters of the owners. The older one is the one being difficult. The younger sister is the one named on the agreement on the contract. The younger sister does none of the managing or correspondence. I suspect it's for tax reasons. They won't allow me to pay my rent directly into a bank account. They insist on a cash basis.

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          #19
          There's a current HMRC campaign to help landlords who have inadvertently failed to pay the right tax on their income.

          You can help HMRC here - https://www.gov.uk/report-an-unregis...er-or-business
          Collecting rent in cash is a clear red flag.

          One thing that barristers have to be very careful of is their personal probity, because it's a position of great trust.
          Barristers often belong to chambers, who have leadership who can be written to and have issues raised about colleagues who fail to meet the high standards expected of them.

          Again, no reason to do anything right now.

          And, while it's not really that useful, if the younger sister is the landlord, you can probably decline to discuss anything with the other sister at all.
          They're allowed to help a family member out (as a kind of unofficial agent), but you're not obliged to co-operate.
          Your agreement is with the person named on the tenancy agreement as the landlord.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #20
            Paying cash reeks of tax avoidance! It also means you have no paper trail to prove what you have paid. This is a very unusual way of doing business legally!

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              #21
              Originally posted by jpucng62 View Post
              Paying cash reeks of tax avoidance! It also means you have no paper trail to prove what you have paid. This is a very unusual way of doing business legally!
              I had to move house this year because my last landlady sold our rented home. Moving during lockdown and being rurally based meant this was the only house that was big enough for me and my children. I wouldn't have agreed had we not been desperate for a home.

              The landlady claimed they had no bank accounts that could take deposits. I know this was a lie but was stuck as I needed to move house. I have emails to back this up.

              Comment


                #22
                Understand you "had" to move because place was being sold. Actually even though a place is being sold - or indeed has sold - does not end a tenancy nor compel tenant to leave. Unless there was a court possession order & bailiffs/|hceo (unlikely in lockdown) you needn't have moved.


                Even if new owner is outside, with removals can, three screaming kids, a nervous breakdown, not your problem.

                Originally posted by Maud21 View Post


                ...................... They insist on a cash basis.
                What does the tenancy agreement state about rent payment, please??? It's what the tenancy agreement that matters, not what someone "insists" on - was that verbal??

                Unless it specifies cash I think it's legal to pay by cheque (or bank transfer if you're confident of bank details). In your shoes I'd start paying by cheque, take photocopy, get **free** "proof of postage" from any post office: If not cashed make sure you keep rent in a bank account. That they don;t cash it is their problem.


                And yes, please inform HMRC of your suspicions on not declaring rent, with Covid & brexit there are huge bills to pay and we need the tax.

                If you think they may be on benefits (some 50% of adults are, including mainly those working) then let DWP know also.
                https://www.gov.uk/report-benefit-fraud

                I 'ates crooks and cheats, be they landlord, agent, tenant, MP etc etc etc

                Best wishes
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                  #23
                  I do wonder if the DNO or supplier are aware that 2 properties are on the end of their supply cable?

                  OP - what is the heating in your home?

                  Comment


                    #24
                    Originally posted by jpucng62 View Post
                    Paying cash reeks of tax avoidance! It also means you have no paper trail to prove what you have paid. This is a very unusual way of doing business legally!
                    100% agree with that

                    A phone call to HMRC?

                    Comment


                      #25
                      theartfullodger,

                      The tenancy agreement says cash. We went backwards and forwards over it as I wasn't comfortable with cash. However, I was also desperate to move house so relented in the end.

                      She's not on benefits. She is minted.


                      Thanks so much for everyone's replies.

                      Comment


                        #26
                        Neelix,

                        Heating is oil in my property, ground source heat pump in the adjacent one.

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                          #27
                          Originally posted by Maud21 View Post

                          The tenancy agreement says cash.

                          She's not on benefits. .
                          I would send a copy of the agreement to HMRC

                          Comment

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