It is common practice for Purpose-Built Student Accommodation providers to offer ‘all-inclusive’ tenancy agreements which include within the rent energy, internet and other services. In many cases, this will mean anyone who has signed this type of agreement is not legally obliged to pay any more for energy even if the costs increase during the period of the tenancy. However we strongly advise that you check the agreement that you have signed (or are about the sign) to ensure you understand your position in respect of energy costs.

The letting agreement could have within it certain terms which mean that you may have to pay some additional amounts for energy usage. For example:

• The landlord may have reserved the right in the contract to charge a supplement if energy prices rise.  As long as the clause is fair (within the meaning of the Consumer Rights Act 2015) then landlords will be able to pass on the price rises to their tenants. 
• Additionally, landlords may have reserved the right in the contract to put students onto a bills-excluded basis.  Again, if the clause is fair the landlord can use it.
• Most all-inclusive contracts will have an energy usage cap or a fair usage policy. Put simply, this means that your agreement is only ‘all inclusive’ up to the point where you exceed the fair usage policy. The amount may be capped by units of energy used, or the proportion of rent allocated for bills, for example £15 per person per week. A landlord/agent can then legally charge you additional rent for your utilities. 

Fair Usage Policy (in practice)

The landlord would need to provide evidence of the utility bills to claim additional costs. Students are advised to check the bills are based on actual meter readings rather than estimated meter readings to ensure the bills are accurate. Where you have access to energy meters, it is advised to take meter readings at the beginning and end of the tenancy and taking a date stamped photo of the gas and electric meter would allow you to have a record of this. 

If you do exceed the fair usage policy in the tenancy agreement, the landlord/agent may retain a proportion of your deposit if you have paid one. If you have not paid a deposit, the landlord/agent might ask you to pay from the point at which you have gone over the cap or at the end of your tenancy. In the worst case scenario, the landlord/agent could take you to court for any money owed.

The meaning of terms like ‘fair usage’ and ‘usage caps’ is not defined in law and will vary from agreement to agreement, so you should read the actual requirements of your contract carefully and consider what they might mean for you during the tenancy.

If you don’t have a copy of your tenancy agreement, contact your landlord/agent and request a copy of the one you signed. They should provide you with a copy within 28 days of you requesting it. If you are having difficulty getting a copy, then contact your Students’ Union for advice.

Still Unsure? Get your contract checked by Your Students' Union

Getting your contract checked enables students to understand the difference between fair and unfair terms (unlikely to be enforceable).  For example, under the Consumer Rights Act 2015 the following types of clauses (among others) are not binding:

1. A term which has the object or effect of permitting the trader to determine the characteristics of the subject matter of the contract after the consumer has become bound by it.
    
2. A term which has the object or effect of enabling the trader to alter unilaterally without a valid reason any characteristics of the goods, digital content or services to be provided.
    
3.  A term which has the object or effect of giving the trader the discretion to decide the price payable under the contract after the consumer has become bound by it, where no price or method of determining the price is agreed when the consumer becomes bound.

Asking Students to Contribute More

The National Codes are aware that some accommodation providers (primarily in the off-street market) have contacted their future tenants to explain the rise in energy costs and have asked them to contribute towards the increase, setting out a number of options. These options have included making a single upfront payment, agreeing to an increase to the weekly rent and agreeing to a change to a bills-exclusive arrangement, where some landlords are then offering an introduction to a 3^rd party energy provider.

The increase in energy prices affects the bill payer the most, and for ‘all-inclusive’ deals, that means the provider is taking the hit. So, if you are a student that has received this request and are happy to agree to one of the options because you think it’s the fair thing to do, you are welcome to do so BUT it’s important to understand you are not required to do so by law, unless your contract specifically permits this.

If you do decide to keep to your original contract, it is still important to think about your energy usage. 

Taking Back Control – top tips

All-inclusive rent can be a great way to manage your finances but do not forget your carbon footprint along the way. Why not use the Carbon Calculator to see if you are a Carbon Consumer or a Climate Hero.

If you have access to your meters, it’s a good idea to try and keep a monthly record (with photos) of your usage and make sure you take a final meter reading at the end of your tenancy.

If you do have a cap on utilities included in your rent or if you have to pay your bills yourself, then you might want to think about some steps to reduce those bills. Find some good info on the Energy Saving Trust or the Money Saving Expert websites.

There may be ways that you can use less energy/heating to reduce costs for the remainder of your tenancy. This Save The Student article is good on energy savings tips.  

£400 Energy Discounts
The National Codes understand that because students living in PBSA who have ‘all inclusive’ agreements receive commercial, or non-domestic energy, they are ineligible for this discount. Accommodation providers who have entered into inclusive deals already will be taking a significant hit on energy costs, and in most cases will be unable to increase what they charge students until the 2023-2024 letting period.