Leaving Rental - Heating Oil?
Discussion
I'm due to hand in the keys to my rented property on Saturday.
I was speaking to the landlord today. He told me that when I moved into the property there was approx half a tank of heating oil and that I should leave it the same way. The tank is nearly empty and I have no intention of putting any in as the minimum delivery is 500 litres!
When I moved in I was told the previous tenants had left the tank with some oil in it. The landlord did not buy the oil in the first place.
My question is where do I stand with this?
Would my landlord be within his rights to withhold my deposit to cover an oil delivery? I am in Scotland on the standard Scottish Government Model Private Residential Tenancy Agreement. There is no mention of Heating Oil anywhere in the agreement.
I was speaking to the landlord today. He told me that when I moved into the property there was approx half a tank of heating oil and that I should leave it the same way. The tank is nearly empty and I have no intention of putting any in as the minimum delivery is 500 litres!
When I moved in I was told the previous tenants had left the tank with some oil in it. The landlord did not buy the oil in the first place.
My question is where do I stand with this?
Would my landlord be within his rights to withhold my deposit to cover an oil delivery? I am in Scotland on the standard Scottish Government Model Private Residential Tenancy Agreement. There is no mention of Heating Oil anywhere in the agreement.
I don't think leaving the property with no heating oil going into winter is reasonable do you?
If the inventory states a level you will need to get it back to that, what does the tenancy say I am guessing it states the cost of oil and the levels are those born by the tenant, my friend rents a home with oil and they setup up a payment plan which after so many months they would come and top up the tank.
The issue you have if the tenancy and inventory have the tank half full and your cost is if they landlord has to fill up it he/she will most likely make a claim against the deposit. Whilst the deposit is not supposed to be used for betterment, the cost incurred by you not filling it may have to go to dispute resolution of your deposit scheme.
I am not sure what the precedent but its much like a hire you can't return with less fuel than you had at the start without paying.
Also a standard HO Tank is 2500 litres and the slim line are 1200 in my experience so half may well be 600-1250!
Sadly I am not sure why for 6 months plus someone else should pay for your heating unless you have documentation stating it was included!
If the inventory states a level you will need to get it back to that, what does the tenancy say I am guessing it states the cost of oil and the levels are those born by the tenant, my friend rents a home with oil and they setup up a payment plan which after so many months they would come and top up the tank.
The issue you have if the tenancy and inventory have the tank half full and your cost is if they landlord has to fill up it he/she will most likely make a claim against the deposit. Whilst the deposit is not supposed to be used for betterment, the cost incurred by you not filling it may have to go to dispute resolution of your deposit scheme.
I am not sure what the precedent but its much like a hire you can't return with less fuel than you had at the start without paying.
Also a standard HO Tank is 2500 litres and the slim line are 1200 in my experience so half may well be 600-1250!
Sadly I am not sure why for 6 months plus someone else should pay for your heating unless you have documentation stating it was included!
Edited by Victory_RS on Wednesday 4th October 18:21
I wouldn't do this and don't condone it but...
Most tanks use a float on a wire to measure the level on a gauge atop the tank. If you unscrew the gauge you can shorten the wire by wrapping it around the thread of the cap, screw it back in trapping the wire and thus you can make the gauge on top say what you wish. No agent doing an inventory is going to bother to open the tank up they are just going to take an image of the gauge and move on.
Most tanks use a float on a wire to measure the level on a gauge atop the tank. If you unscrew the gauge you can shorten the wire by wrapping it around the thread of the cap, screw it back in trapping the wire and thus you can make the gauge on top say what you wish. No agent doing an inventory is going to bother to open the tank up they are just going to take an image of the gauge and move on.
1690cc said:
I wouldn't do this and don't condone it but...
Most tanks use a float on a wire to measure the level on a gauge atop the tank. If you unscrew the gauge you can shorten the wire by wrapping it around the thread of the cap, screw it back in trapping the wire and thus you can make the gauge on top say what you wish. No agent doing an inventory is going to bother to open the tank up they are just going to take an image of the gauge and move on.
Then why say it!Most tanks use a float on a wire to measure the level on a gauge atop the tank. If you unscrew the gauge you can shorten the wire by wrapping it around the thread of the cap, screw it back in trapping the wire and thus you can make the gauge on top say what you wish. No agent doing an inventory is going to bother to open the tank up they are just going to take an image of the gauge and move on.
If you’ve had the benefit of the heating oil you have used, and your tenancy agreement doesn’t specify the oil is provided for free, you might well find you are expected to replace the oil you have used.
As others in this thread have said, your tenancy agreement and check-in inventory are key and make a good starting point.
As others in this thread have said, your tenancy agreement and check-in inventory are key and make a good starting point.
1690cc said:
I wouldn't do this and don't condone it but...
Most tanks use a float on a wire to measure the level on a gauge atop the tank. If you unscrew the gauge you can shorten the wire by wrapping it around the thread of the cap, screw it back in trapping the wire and thus you can make the gauge on top say what you wish. No agent doing an inventory is going to bother to open the tank up they are just going to take an image of the gauge and move on.
Or just fill it with water......... Most tanks use a float on a wire to measure the level on a gauge atop the tank. If you unscrew the gauge you can shorten the wire by wrapping it around the thread of the cap, screw it back in trapping the wire and thus you can make the gauge on top say what you wish. No agent doing an inventory is going to bother to open the tank up they are just going to take an image of the gauge and move on.
Kenny68 said:
Jakg said:
Whats in the inventory?
There is no mention of heating oil in the tenancy agreement. The only thing mentioned in the inventory was a brand new built in oven that somehow I’m responsible for should it break. No mention of heating oil in any paperwork at all. Kenny68 said:
There is no mention of heating oil in the tenancy agreement. The only thing mentioned in the inventory was a brand new built in oven that somehow I’m responsible for should it break. No mention of heating oil in any paperwork at all.
That's quite poor from the inventory company but I suppose puts you at an advantage if you feel you don't want to replace what you've used...When I dealt with this stuff, our clerks would photograph the float/digital display at check in and then check out and anything less at the end of the tenancy would be at the landlord's discretion whether to charge or not.
I’m a (reluctant) landlord with a property on oil.
The tenants get whatever fuel is left in the tank, and whatever gas is left in the LPG bottles, none is specifically supplied with the property. It’s their responsibility to replenish the tanks and bottles, although we do provide the names of suggested local suppliers who are reliable.
Were the tank ever to be completely empty at changeover and we had to provide some starter fuel for the tenants we would make it part of the inventory and be very clear at the outset that it would have to be at the same level when the tenants left.
If we didn’t do that, I would fully expect us to have to suck up the cost.
The tenants get whatever fuel is left in the tank, and whatever gas is left in the LPG bottles, none is specifically supplied with the property. It’s their responsibility to replenish the tanks and bottles, although we do provide the names of suggested local suppliers who are reliable.
Were the tank ever to be completely empty at changeover and we had to provide some starter fuel for the tenants we would make it part of the inventory and be very clear at the outset that it would have to be at the same level when the tenants left.
If we didn’t do that, I would fully expect us to have to suck up the cost.
Jakg said:
Whats in the inventory?
What's in the contract?It's a big version of renting a van. You expect to pay for what you've used, you look carefully at the small print if you want to worry about half a tank of fuel. No two rentals are the same, some you get caned if you don't return it full, some you pay some strange amount if it's not how you found it, some can be pot luck.
Maybe make an offer that you'd stand behind as fair. There's x-amount less oil now, I'll happily pay the going rate of y per litre.
Unfortunately house rental agents are not as competent as the nice lady at the van hire place.
Kenny68 said:
Jakg said:
Whats in the inventory?
There is no mention of heating oil in the tenancy agreement. The only thing mentioned in the inventory was a brand new built in oven that somehow I’m responsible for should it break. No mention of heating oil in any paperwork at all. I've just checked an old rental inventory and it explicitly referenced meter readings and oil level.
Jakg said:
Ethics aside, if there's no evidence of heating oil level on the inventory at checkin, then I don't think there's any chance of any deposit deduction being upheld by a tenancy deposit scheme.
I've just checked an old rental inventory and it explicitly referenced meter readings and oil level.
There is absolutely no mention of heating oil on any paperwork I have. I was verbally told that there was “about half a tank “ of oil. The way he told me, it sounded like a “lucky you” scenario.I've just checked an old rental inventory and it explicitly referenced meter readings and oil level.
Kenny68 said:
There is absolutely no mention of heating oil on any paperwork I have. I was verbally told that there was “about half a tank “ of oil. The way he told me, it sounded like a “lucky you” scenario.
Then you can't be obliged to leave it as found, and leaving anything would be good will on your part..I feel you would be able to challenge any deposit deduction with great success, it may also be a banned fee to charge you for Oil in the circumstances.
Google said:
Tenants can not be charged for an accompanied viewing, inventory, signing a contract, exit fees or for renewing a tenancy. Letting agents and landlords must only charge fees relating to rent, security deposits, holding deposits, utilities, TV licence, communication services, Council Tax and payments in default.
Could come Utilities but it is inventory, and nothing in agreement means can't really charge you is my view.Edited by NFT on Wednesday 4th October 22:09
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff