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estate agents inserts a clause asking to sign an energy supply contract with Spark Energy


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HI Guys,

 

I am hopefully moving to a new flat on Sat 24 Oct 09. I haven't signed a contract yet as I've noticed that the contract has a clause stating:

 

'The tenant agrees that all accounts for Gas and Electricity will be transferred to the Tenant(s)' names for the duration of the let

and that where the property is not currently supplied by Spark Energy that the agent of Landlord is authorised to request that

Spark Energy ltd take over the supply and set up accounts in the Tenant(s) names.

The tenant agrees that information collected during the application and tenancy agreement preparation process are used to assist

in the set up of the utilities account for the property. Details of which will be sent to you by the utility supplier.'

 

I have pointed it out to them and said I would not be told who to sign the energy contract with and am still waiting for their response. I suspect they're trying to wait with the answer till the very last minute so I'm forced to sign it. Do they have any right to put such a clause in the contract? And how can I make sure I get the flat, which I really like, but I don't get tied in to such a controlling contract?

 

Sorry if this post is long but I need your help guys.

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Hi

 

I had a similar problem with my tenancy contract where the supplier was stated. What I agreed was that I could use any energy supplier but transfer it back to the original supplier at the end of the tenancy agreement.

 

This is an unreasonable provision and you should not be held to this, it is your choice to contract with your preferred supplier. Stick to your guns...

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You pay the bills, you should not be dictated to as to whom you use to supply the utilities. I suspect agency gets a commission for this and it is a disgrace. Another cowboy agency!!!

 

Just tell them that unless this part of the clause is removed you will be contacting the local trading standards office. Find your local Trading Standards office : Directgov - Do it online

 

In fact, you could contact the local trading standards office anyway and ask what they think about this Agent's practice. I believe this is an unfair and unenforceable term in the AST.

 

I wonder if the LL knows about this? LL's address for service of notices should be on the AST (although such address might be the agent's). If you write to LA and request LL's address, they have to supply it.

 

If they still don't remove it - just score out the offending part of the paragrah (on all copies you are given) and then sign. See what happens then.

 

As a LL, I don't care who the tenant chooses to supply the utilities as long as I am notified so that I know who I am dealing with at the end of the tenancy.

 

This is just another example of Letting Agents trying to make extra cash out of the poor tenant.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Agreed with KL.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi Guys,

 

Thank you so much for your answers. I think I will do what Kentish Lass sugessted and remove the paragraph, sign it and send it back to them.

Once again, thank you for your help everyone!

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'The tenant agrees that all accounts for Gas and Electricity will be transferred to the Tenant(s)' names for the duration of the let.

 

[and that where the property is not currently supplied by Spark Energy that the agent of Landlord is authorised to request that

Spark Energy ltd take over the supply and set up accounts in the Tenant(s) names.

The tenant agrees that information collected during the application and tenancy agreement preparation process are used to assist

in the set up of the utilities account for the property. Details of which will be sent to you by the utility supplier.']

 

I think you need to leave the bit in black in the paragraph. Just cross out the stuff you have put in red (in the brackets).

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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