Category: Tenants

Tenants have a right to be charged for water on the basis of what they use. This means they have a right to have a meter installed free of charge, unless it’s not practical or is unreasonably expensive to do this.  Tenants also have the right to ask for a meter if their tenancy agreement is for six months or longer.

The law allows tenants to install a water meter through S11 of the Water Industry Act 1999 which says tenancy agreements cannot be used to stop tenants who pay their own water bills from choosing a meter.

If you’re considering changing to a water meter, you should contact your water company. You could do this by phone, or you may be able to apply on their website.

If you can’t have a water meter installed for any reason, your water company may be able to put you on a cheaper tariff to save money.

In some areas, the water company is introducing universal water metering, so everyone will be given a meter.

If you ask for a meter, a company should install it within three months.  In areas where free meters are being offered for the first time, this period may be six months.

Has your landlord tried to prevent you having a water meter installed?

*** A more up-to-date version of this article is available here ***

The fire at flats in Park Farm Road Glastonbury last week was attributed to the electricity supply (article here) whilst the exact cause may not have been caused by a faulty installation this incident does remind us of the importance of checking electrical installations in rental property.

Although there is no legal obligation to carry out regular checks on the electrics in a rental property, landlords do have an obligation to ensure that the property is safe. How frequently an electrical installation needs to be inspected and tested during its life depends on factors such as the type of installation, and how it is used and maintained. The Electrical Safety Council (ESC) recommends that a check of the electrical installation in rented properties is carried out every five years, and that interim checks are carried out on an annual basis. More details as follows:

What ~ Inspection and testing (sometimes called formal inspection and testing or periodic inspection or periodic inspection and test)

When ~  The maximum period recommended between the initial inspection (when the installation was first put into service) and the first periodic inspection and test is 5 years.
The actual period between inspection and testing will depend on the condition of the installation at the time of the preceding inspection, but it is recommended that periodic inspection and testing is carried out at least every 5 years or at the end of a tenancy, whichever comes first.
Where a change of tenancy occurs after a short period (for example less than six months), a full periodic inspection and test may not always be needed. However, in such cases, the landlord or their representative should always carry out a visual check to confirm that the property is safe to re-let.

Who ~ Carried out by a competent person (typically an electrician) who has the necessary skills and experience to carry out the inspection and testing. Any remedial work that is required should be undertaken by a registered electrician.

Product ~ Electrical Installation Condition Report (EICR).

What ~ Inspection (sometimes called an interim check, visual check or electrical safety check)

When ~  At least annually . Where a change of tenancy occurs after a short period (for example less than six months), a full periodic inspection and test may not always be needed. However, in such cases, the landlord or their representative should always carry out a visual check to confirm that the property is safe to re-let.

Who ~ Carried out by an electrician who has the necessary skills and experience to carry out the inspection or the landlord or their representative.

Product ~ If carried out by an electrician will produce a Visual Condition Report (VCR). If carried out by the landlord or his representative they will typically complete a Landlords’ Interim Electrical Safety Checklist (checklist here)

Inspection and testing of electrical appliances, often called portable appliance testing (PAT), is not included in either of these reports.

Further reading
Landlords’ Guide to Electrical Safety here

When was the last time your installation was inspected and tested?

Short answer…..

During a fixed term = no

During a periodic (statutory or contractual) tenancy = yes

A key principle of joint tenancies is that all of the tenants are collectively ‘the tenant’. This means that they are generally dealt with as a group rather than individually.  If one tenant serves a notice of termination it affects all the tenants.

Local Authorities sometimes use this principle as a way to get a tenant out of a council house. For example after a tenant leaves a violent partner the departing tenant will serve a notice of termination which will end the tenancy, allowing the Local authority to evict the remaining tenant. In the private sector this has limitations as all tenants are responsible for the rent until the tenancy has ended and the landlord has vacant possession of the property.

So if T1 wants to leave they can serve a notice of termination which will end the tenancy.

The departing tenant (T1) should ensure the notice they serve complies for any terms in their contract, statute or common law and they clear all their belongings from the property and return the keys to the landlord. However if T2 stays on, both T1 and T2 remain liable for rent as the landlord does not have vacant possession of the property.

For the landlord, doing nothing is not an option so he needs to decide to either grant a new tenancy to T2 or evict T2. If the landlord prefers the former option they need to consider whether T2 is willing to take a new tenancy alone and assess whether they can afford the rent.

Have you had problems with a joint tenant ending a tenancy? Have you been a joint tenant and had a problem leaving?