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Question Title: Water Rates
| Question: 121 |
| I have a property that has been let on an assured shorthold tenancy for four years which is now periodic. Since the start of the tenancy the water rates have been included in the rent payment. A meter has now been installed, for which the tenant would normally be responsible. However in light of the fact that the landlord has always paid for the water in the past, who is now responsible for the payment of the water charges ?
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| Answer: |
| There are two options available to the landlord. A notice under section 6(2) of the Housing Act 1988 can be served if the periodic tenancy is within the first twelve months following the end of the initial fixed term. This notice is in prescribed form and proposes changes to a statutory periodic tenancy and provides for any adjustment of rent required to reflect the proposed changes. The landlord could propose that the tenant takes over the responsibility for paying for the metered water and adjust the rent accordingly. If the tenant does not agree to the changes they can apply to the Rent Assessment Committee who will decide whether or not the changes should be made and if the rent requires adjusting. They will, where necessary, adjust the rent even if the landlord has not proposed to do so. Where the tenancy has gone past the twelve month period, the parties may agree a new fixed term or contractual tenancy and included the new provision for the metered water (whether landlord or agent pays for the water meter charges and what the change in rent, if any, will be). If the landlord agrees to pay for the water meter charges, a clause limiting his liability to a certain amount could be added to the tenancy agreement. Until the landlord and tenant have reached agreement or the tenancy is brought to an end, whichever is sooner, the landlord will be responsible for the payment of the water charges.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 4 |
letting-handbook-and-factsheets.html
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