Article 17 and Article 7f of the new Residential Leases Act legislate for the burning issue of tenant utility bills. Over the decades thousands of tenants have overpaid by thousands of euro on their Arms bills. Despite the best efforts of many - including yours truly - Arms, the sole, state owned utility billing company, continued to overcharge tenants for their utilities with impunity. I am confident that Article 17 and Article 7f of the Residential Leases Act will put paid to this, once and for all.
The gist of the legislation is as follows:
1. The landlord has to make sure that their tenants are on the correct Arms tariff for people living in their primary residence. They can do this by completing Sections A and C of Arms Form H - Change in the Declaration of Number of Persons. All occupants of the rental property need to complete Section B. Both landlord and tenants need to provide copies of identification documents.
1. The landlord has to make sure that their tenants are on the correct Arms tariff for people living in their primary residence. They can do this by completing Sections A and C of Arms Form H - Change in the Declaration of Number of Persons. All occupants of the rental property need to complete Section B. Both landlord and tenants need to provide copies of identification documents.
| Arms Form H.pdf |
2. If the landlord does not do this, then they will be liable for any overcharge incurred by the tenant, with the tenant allowed to deduct any overcharge from the rent.
3. The tenant must have access to the proper Arms bill - green, 2 pages. If the tenant does not have access to the Arms bill, then they are not obliged to pay the bill. Please note that the Arms online calculator, for various reasons, is not a reliable indicator of the cost of your utilities. The Arms online calculator itself contains this disclaimer:
3. The tenant must have access to the proper Arms bill - green, 2 pages. If the tenant does not have access to the Arms bill, then they are not obliged to pay the bill. Please note that the Arms online calculator, for various reasons, is not a reliable indicator of the cost of your utilities. The Arms online calculator itself contains this disclaimer:
4. The landlord cannot take the law into their own hands and unilaterally cut off any water and electricity supply to effect an illegal eviction, no matter the perceived justification. This has always been a criminal act but over the years landlords, letting agents and sometimes even lawyers (I kid you not) have decided that landlords could behave in this way. This is in breach of Article 85 of the Criminal Code:
5. Article 1570 of the Civil Code provides a legal mechanism for the eviction of defaulting tenants. If a tenant fails to pay the water and electricity bills, then this will be considered to be a partial default and will entitle the landlord to demand a dissolution of the rental contract. The contract will be terminated if the tenant fails to pay the outstanding Arms bills or the outstanding rent within fifteen days from the notification of a judicial letter.
6. Article 7 lists a series of forbidden clauses. If any of these forbidden clauses are listed in a rental contract they are completely without effect. Therefore the tenant can rest assured that these clauses can be ignored.
Article 7f prohibits clauses which stipulate the payment of a fixed amount on account towards the Arms bill. This ties in with Article 17f which stipulates that the tenant is not obliged to pay unless given access to the proper Arms bill - green, 2 pages.
Article 7f prohibits clauses which stipulate the payment of a fixed amount on account towards the Arms bill. This ties in with Article 17f which stipulates that the tenant is not obliged to pay unless given access to the proper Arms bill - green, 2 pages.
Furthermore Article 7f stipulates that the tenant must only pay for their consumption of utilities. Therefore the landlord cannot pass on the bills of previous occupants of the rental property to their new tenants. I would advise all prospective landlords and tenants to therefore make sure that they complete Arms Form N - Authorisation of Verification of Pending Dues at the start of the tenancy so as to zero the Arms bill.
| Arms Form N.pdf |
If a tenant wants to be a joint account holder with the landlord of the Arms bill, then a deposit of 466 euro and a non refundable fee of 50 euro are payable. Arms Form F2 - Temporary Recognition of Tenant in Rented Premises will need to be completed. The tenant will then be responsible for the completion of Arms Form H to make sure that they are on the correct Arms tariff for people living in their primary residence.
| Arms Form F2.pdf |
Personally I do not see any advantage in being an account holder. Going the Arms Form H route is completely free and the Residential Leases Act is very clear that the landlord will be liable for any overcharge.
Finally, if there are any breaches of the Residential Leases Act where Arms bills are concerned, then for the price of 10 euro, either party can submit an online dispute. The Residential Leases Act is very clear on the obligations of both landlords and tenants where Arms bills are concerned. A decision will be made by the Dispute Panel within 5 working days of last submissions.
Finally, if there are any breaches of the Residential Leases Act where Arms bills are concerned, then for the price of 10 euro, either party can submit an online dispute. The Residential Leases Act is very clear on the obligations of both landlords and tenants where Arms bills are concerned. A decision will be made by the Dispute Panel within 5 working days of last submissions.
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