Resolving rental problems: who is liable?

Questioner

I am a tenant of a student room. I pay my rent including gas, water and electricity. Now I am held liable for a high energy bill. I am accused of not being a good tenant. Am I liable?

Lawyer

More information is required from you, including: Who is setting this? Your landlord? The energy company? And why? Has so much energy been used? Is the connection in the name of the landlord or one of the other tenants, or you? Does your agreement not state a separate amount for gas, water and electricity? Were the meter readings recorded at the start of the lease?

Questioner

The landlord holds the tenants liable. The connection is in the name of the landlord. There is no separate amount mentioned for gas, water, electricity in the contract. Before we lived in the house, the landlord was the resident of the building. He then converted the building into a student house. The meter readings were last submitted when the landlord was still the resident. There is only one thermostat in our house, which is located in the common area on the ground floor. This makes it difficult to get it warm when someone is studying in the attic. The house is also very poorly maintained (cracks everywhere, etc.). As a result, more has been consumed than the old meter reading. The energy post is delivered to our address. The landlord has never changed his address. We have reported this to him, but he has done nothing about it. As a result, there is a payment arrears of €3600.

Lawyer

There is an all-in rent and negligence on the part of the landlord, so that the landlord cannot hold you responsible for anything. By the way, did you know that you can have the all-in rent split by the rent committee? That could be advantageous for you because the basic rent is then determined at 55% of the maximum reasonable rent. You can find more information about this at www.huurcommissie.nl.