Landlord promises that rent includes bills...doesn't pay bills

[Panipal2009]

Having troubles with a landlord...basically he'd advertised two rooms seperately in a ground floor flat, he's been advertising them via property agents (on their websites*) as including bills with the rent, which is why I moved into one of the rooms.

However, a month later I come home to find a turn-off notice from the local water company...they wanted to come in and turn the water off because (A) they didn't know whether the property was empty, which leads to (B) it turns out that no-one's been paying water charges since last July (I'm not sure whether this affected the previous tenant). I.e. the landlord hasn't made any arrangements to cover any of the bills that the original property agent assured me were included with the rent (gas/electric/water/council tax).

Basically I've only really got verbal assurance that bills are covered, the ordinary tenancy agreement that I signed makes me liable for bills. I've phoned him and emailed him, when I phoned him he told me that I needed to get in touch with the property agent to deal with the bills, even though the full rent is paid directly into his bank account via standing order. He hasn't replied to any of my emails on this matter so I have nothing in writing. I've also been onto the property agent he uses now (not long into my tenancy, he decided to stop dealing with the original agent and deal with another) to see whether they'd send me confirmation of the bills being included in the rent...of course their reply contains no such confirmation.

I'm not sure whether the landlord advertising the rent as including bills, but making no effort to ensure the bills are paid, is fraud or not. What can I do about this, given that I've signed a tenancy agreement that makes me liable for bills despite the terms of the advertisement (yes, I know I should have read it more carefully before I signed it...but I don't think that excuses the landlord from lying and leaving me up s*** creek with the bills)?*Though I have saved the advertisement for the other room in the place which specifies that the rent includes bills (saved in case the property agents themelves are duplicitous enough to edit that bit out).

Edited May 4, 2011 by Panipal2009
Needs paragraphs

[raydetinu]

What sort of contract do you have?

What sort of shared facilities do you have>

How many rooms in the property, and pressume LL does not live on the premises.

Go and see agent and get it sorted, take ad with you.

It would be logical that if there are shared facilities, kitchen, lounge, toillet etc. the rent includes for utilities or which the LL pays. Whos name is on the bills or utility account, should give you a clue?

[Suzie Surf Girl]

They can't cut you off as they are not allowed to cut off domestic properties only commercial properties.

[raydetinu]

They can if property empty and bills unpaid!

[rebel11]

Hi pan

 

Further info here:- http://england.shelter.org.uk/get_advice/renting_and_leasehold

[Panipal2009]

What sort of contract do you have? It's a 6 month tenancy

What sort of shared facilities do you have> Bathroom, open-plan kitchen/living space

How many rooms in the property, and pressume LL does not live on the premises. 5 rooms (2 bedrooms, kitchen/living room, main bathroom, storage cupboard), LL lives in Hampshire (property is in Durham)

Go and see agent and get it sorted, take ad with you. I've sent an email to the previous agent (with whom I agreed the tenancy) and am still awaiting a reply.

It would be logical that if there are shared facilities, kitchen, lounge, toillet etc. the rent includes for utilities or which the LL pays. Whos name is on the bills or utility account, should give you a clue? I have received bills addressed to the previous tenant, which leads me to believe the previous tenant had to set up accounts with the utility companies...of course I cannot be certain whether they were renting on the same basis as me i.e. the LL promising bills included in rent.

 

Please see above

[Steve__M]

(Deleted original post because above had already answered my questions).

[Ed999]

the ordinary tenancy agreement that I signed makes me liable for bills.

 

 

An easy answer to this one: if you've signed a contract to pay the bills as well as the rent, then that's what you pay.

 

Let's try being realistic. With no evidence to the contrary, you're not going to convince the Court that you agreed a different arrangement, when it's clearly set out in black-and-white in the tenancy agreement.

 

If you don't like the arrangement which you've signed up to, then give up the tenancy and rent elsewhere on terms that suit you better. To end a shorthold tenancy, if it's a periodic tenancy in which the rent is payable monthly, you give not less than one calendar month's notice in writing, expiring on the day before a rent day (but if the tenancy agreement requires a longer period of notice you must give the length of notice which the agreement specifies).

 

Or you and the landlord can agree an immediate surrender of your tenancy, by a deed (in writing, under seal, signed by you both, and witnessed).

 

A mere agreement to surrender the tenancy is invalid. There must be an actual surrender of it, in writing, signed by both the tenant and the landlord under seal, and witnessed (i.e. by deed), because a deed is the only exception to the law that a contract made without consideration money paid is invalid.