Transferring utilities into tenants names

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  • Transferring utilities into tenants names

    Hi, I currently let to a pair of elderly ladies, originally on a holiday let basis, then an AST. As it started as a holiday let, we were responsible for bills, and when it went to an AST, we remained responsible for bills, which we added to the rent - i.e. £150 week rent + £30 to cover the bills = £180pw rent in total.

    However, they're totally abusing that now, like today, they've had the front door open all day, and my leccy bill for the property was over £1800 for the last year

    So I want to transfer the Electric and Phone and TV licence so that they pay it, and I will supply a new AST to reflect this. Will the utility companies allow me to do this? What happens if they don't pay the bills (they're bad enough with the rent) - will this impact negatively on me / the property?

    TIA

  • #2
    You should serve a S.6 Notice in the prescribed manner (variation of terms in an AST).
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Why are you allowing them to remain your tenants when they do not pay their rent?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      • #4
        Originally posted by Paul_f View Post
        You should serve a S.6 Notice in the prescribed manner (variation of terms in an AST).
        Only if the fixed term AST's expired and T now has a statutory periodic tenancy. See text below.

        6. Fixing of terms of statutory periodic tenancy.

        (1) In this section, in relation to a statutory periodic tenancy:
        (a) the former tenancy means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and
        (b) the implied terms means the terms of the tenancy which have effect by virtue of section 5(3)(e) above, other than terms as to the amount of the rent;

        but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy.

        (2) Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms.

        (3) Where a notice has been served under subsection (2) above:
        (a) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to a rent assessment committee under subsection (4) below; and
        (b) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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        • #5
          Thanks for replies.

          They were on a verbal AST (I know, I know...) which I guess would have become a statutory periodic tenancy by now (they've been on the verbal AST since Sept 07). I was going to use this change in terms to make sure it was all written up properly and signed this time.

          They are annoying with the rent - there's always a reason... in the last month alone, we've had "The Post Office burnt down", "the bank's had a power cut since before Christmas, they're using candles in there", "my bank has never heard of a Standing Order" but they do usually cough up eventually, and it really suits us in that they don't have a car and no kids either, as we live next door

          Thanks Jeffrey - can't take all that in in one go, but am getting further with each read!

          Comment


          • #6
            Originally posted by xena_wales View Post
            can't take all that in in one go, but am getting further with each read!
            Brief approximate translation:
            1. Procedure applies if fixed term AST/SAT has become periodic (but is still within 1988 Act).
            2. Within one year after fixed term's end, either party can notify other party of proposed changes in clauses of fixed-term Agreement.
            3. Notification has to state a start date for the changes, but that cannot be within the fixed term.
            4. Party receiving such notification has three months to refer it to RAC, otherwise proposals take effect.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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