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‘My heating is no longer included in my rent, and my new landlord has not offered any solution’
‘My heating is no longer included in my rent, and my new landlord has not offered any solution’ 'Their spouse contacted me and told me they were going to increase the rent and issue a new lease.
' Photograph: iStockyears. I have recently learned that my landlord died. The lease was in the deceased’s name. Following their death, their spouse contacted me and told me they were going to increase the rent and issue a new lease, which I agreed to, but they have yet to issue it.
Subsequently, the owners’ management company in my building decided to stop centralising the heat and allow each apartment to heat their homes themselves. Before this, heating was centrally controlled and the price was included as part of the rent. My new landlord has not offered any solution to my lack of heating or the additional cost that is no longer included in my rent.
I have not contacted them as I do not want to have the rent increased and fear they may try to evict me. What should I do? From reading your question, my first thought is that the new owner may have contacted you at what is likely to be an emotional time in their life and may be unfamiliar with the letting if their late spouse previously managed it.
That said, this does not change their legal obligations to you as a tenant. This is also your home, and I can imagine this is unsettling.
‘How can I find out if an apartment I want to buy meets fire-safety requirements? ’Could crossed wires be causing my apartment electricity bills to be so high? I would take a gentle approach to start the conversation and would encourage you to keep communication in writing, preferably by email. You have two separate issues, and they need to be addressed as quickly as possible.
First, the tenancy and rent review following your landlord’s death. Second, the change to a heating service that was previously included in the rent. The death of a landlord does not end a tenancy. The rights and obligations of the landlord pass to whoever inherits or acquires the property.
You have security of tenure and are protected by tenancy law. The rent increase is subject to rent-pressure-zone rules, and there are strict guidelines that must be followed when issuing a rent review notice. A new lease is not required for a rent increase to be valid, and a new lease cannot simply be used to impose an increased rent where the proper rent review process has not been followed.
The Residential Tenancies Board should be informed of the change of ownership by the new owner so that the tenancy registration can be updated before any rent review is issued. The more complicated issue is the heating. If central heating was provided as part of the tenancy and included within the rent for the preceding 10 years, it could be argued that this arrangement should not be changed.
If the OMC has altered the heating arrangements, that does not automatically relieve the landlord of their obligation to provide what was included in the tenancy. Your lease will be important here. Was heating fully included in the rent, and is this expressly stated in the lease? Sometimes, over time, it is assumed that utilities are included in the rent, but the lease may actually show separate figures for rent and a separate fixed or unfixed fee for utilities.
I can appreciate that rising energy costs may make it very difficult for a landlord to continue providing heating within a fixed rent. I would try to negotiate this issue with the owner and see if a reasonable compromise can be reached. If the matter cannot be resolved, it is something the RTB would likely consider through its dispute-resolution process. Mediation may be particularly helpful in a case where both parties are viewing the situation from very different perspectives.
To start the conversation with your new landlord, I would suggest writing to them in a polite and friendly manner. Ask your questions clearly and give them time to consider and respond.
In relation to worrying about being evicted, a landlord cannot terminate a tenancy in retaliation for a tenant asserting their rights, and any notice of termination would still have to comply with the Residential Tenancies Act, so I would start by asking the questions and getting some much-needed clarity. This column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely.
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