Help! Water/Elec/Rental Lease

I am looking for some advice please?

We have rented a flat since October which we found via a local estate agent.  We signed the lease agreement, in which it states that the tennant (us) are to pay the landlord a sum of 90euros monthly in advance towards water and electricity bills.  It then goes on to say that should there be any excess at the end of the lease then the landlord with refund and any owing we should pay.  However, the landlord has now decided that they want us to hugely increase our monthly payment and/or pay the bills (which are in their name) instead.  This is also without even having taken any meter readings or having received a bill.  I did say that upon receiving a copy we could pay any balance owing, but was told we cant have this due to a dispute of an amount they owe from previous.  The estate agent tells me that we are to only pay the 90euros per month until the end of the lease, at which point any balance owing can then be paid.  This is how I understand it.  The landlord however, is now not happy with this. 

Is my lease legally binding in that I only pay the 90euros per month till the end of the lease?  Or, can the landlord insist on us paying more?  We are not disputing any consumption and at the end of the agreement are more than glad to settle up.

Any help would be gratefully received.

I would ask him /her on what grounds he is asking for a dramatic increase and then and only then pay an agreed higher monthly payment. 90 euros seems a lot considering we are now coming into warmer months - i must admit we were running at about 100euros a month for elec and water but then we get the eco discounts and it was winter period...Do you know whow many consumers/occupiers are recognised on your bills are you getting eco discounts, have you seen the actual printed two page bill issued by arms..to confirm his request and basis of the increase. if not i suggest you ask him for it. The meter readings at start of the lease should have been taken by all three parties landlord, renter and the agent should have noted them in the agreement...if not you got a problem.

Keep your estate agent informed of the outcome and ongoing dispute as he was paid by both you and the landlord so has some responsibilty too...previous disputes are not your problem and you should NOT be asked to resolve those issues prior to your let.

I would also say the landlord has every right to ask for an increase if he can prove by your meter readings and ongoing usage that your payments is/are not enough - this is not unreasonable..but please make sure it is proved to your satisfaction...there are online calculators on the arms website to calculate your bills. -if you have an issue with it or cant manage to use it let me know the time periods involved and the readings and what can be confirmed by way of occupier/consumers and if it is single phase or three phase....ok and i will use my calculator to help you Ok

Please also note that waiting till the end of the lease period to settle up is a good idea....as the way the ARMs billing works especially in relation to eco discounts etc it can work against you if you have paid in advance over the period towards your bills anmd maybe you havent used more than your eco allowances..which are cheaper by quite ab it...so be carefull

How can you know what the assumption is without having Meter's read at the beginning ??

Legally the dispute would be between the Landlord and his agent.. they are the ones that need to sort out the problem.. although I think you will receive problems from the Owner..

Julian

Thanks for your replies.

We did take readings at the beginning of the tennancy, and these are written on the lease.  We have not been shown a bill at all since moving in here and I feel they are reluctant to do so.  I have confirmed that I am happy to agree up to date readings with them, and then once we have a bill can sort out any difference, but they not wanting this.  They want us to take their word for it and this is something I am not will to do.  I think I will stand my ground, and continue to pay my rent along with the 90euros per month for bills, just as I have been doing.  Surely when it states an amount in the lease, they cannot change it and have to wait till the end?

halljenw wrote:

Thanks for your replies.

We did take readings at the beginning of the tennancy, and these are written on the lease.  We have not been shown a bill at all since moving in here and I feel they are reluctant to do so.  I have confirmed that I am happy to agree up to date readings with them, and then once we have a bill can sort out any difference, but they not wanting this.  They want us to take their word for it and this is something I am not will to do.  I think I will stand my ground, and continue to pay my rent along with the 90euros per month for bills, just as I have been doing.  Surely when it states an amount in the lease, they cannot change it and have to wait till the end?


It can only be changed by agreement by both parties (NORMALLY) but this is malta and the foreigner will always come off worst...i would stay your ground for sure and dont pay anything more until such time as you have seen an actual bill (not one that they knock up on a computer - my offer to you stands) and if they are reluctant to provide it they are up to something for sure. message me if you want me to check what your bills should be - i can do two if you want one based on zero consumers and another based on actual number - PM me ok..it would help too if you knew what the phasing is single or three...

That's great toon, I'll let you know. Thank you.

no problem

the start of lease readings and date and say todays readings...that all i need and i can run a couple of calcs to give you the actuals..let me have a PM with an email address and i can send the full break down of detail to you....then from there you can judge for yourself what your comsumptions and bill should be.

Hi toon,

thanks for offering such great help in sorting out the utility bill. That helps me concentrate on visa and job/work questions -)))

Cheers
Ricky

lol ... Ricky you take the Visa and I will sort the Job questions then George can check all our work lol

Julian

No problem - we shall await your details

My advice is don't care about what your owner says. If he's not happy, let him hire a lawyer and sue you in court. Chances are he doesn't declare his income to IRD, so the only thing you have to care about is what you signed in the lease. Maltese can understand quickly if you say: no my friend, you will have only 90 euros per month. I'm not ATM. Good luck.