Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Change of contract after it's started

2 posters

Go down  Message [Page 1 of 1]

1Change of contract after it's started Empty Change of contract after it's started Fri Dec 23, 2016 11:52 am

ricardo609


Arresto Menor

Please help!
I am a tenant currently in a 6 month contract with a private landlord. At the outset of my contract I signed, there was a page in the contract documenting my obligation to pay 'the said meters' for utilities at a rate of 15 pesos per kwh for electric. This page included meter readings on tenancy commencement and these submeters are owned and run by the landlord. I had my meters read monthly and paid my bills as soon as they arrived from the landlord. I did this for 2 months before the landlord then gives me a letter to say HE BELIEVES THE METER HE OWNS TO BE FAULTY. He then wrote that the meter was being changed from the letter date. The new meter now runs at least 4x faster than the original I had signed for on contract. Please can anyone tell me the following, 1. Is he in breach of contract for changing the meter part way through the contract? The meter readings now do not tally or follow on from what I signed for at inception and he is now gaining an unfair advantage with me because this now in effect increases my current rental cost by over 1000pesos per month. There is nothing in the contract to say about maintaining or changing meters. The meter was not broken but deemed faulty by him only without my approval or seeing the meter changeover. 2. Is the onus on the landlord to check everything is working satisfactorily as it should before contracts are signed?
Is this landlord in.effect 'moving the goalposts after the match has started' and gaining an unfair advantage and breaching his contract with me?
Any help or advice would be most appreciated at this time. Thank you

Lunkan


Reclusion Perpetua

Well. That's not changing of contract.
The question is if the new meter tell corect or not NOW. IF it do, then it did show TO LOW earlier, which made you pay TO LITLE earlier Smile

Is the meter belonging to the electric supplier or what?
To get a hint if the meter tell corect or not, you can compare how much electricity other use, who have similar equipment.
Do you have aircon? Such use much electricity if they are on.

Can you see the meter anytime?
Then you can make an "amateur test" by
/shut off everything and see if the meter is still moving.
/then put on only one-few things which are on ALLWAYS (=no thermostat as for instance refrigirators have) and you can see their Watt use. Note the meter amount and time. Then check after some even hours if the meter tell corect.

"2. Is the onus on the landlord to check everything is working satisfactorily as it should before contracts are signed?"
I don't know, but I suppouse not.
But it's the landlord's work to check things and make things function.

ricardo609


Arresto Menor

Hi, thanks for the reply. I'm not sure it helps me much at this time. The meter is a landlord owned submeter, inside the property compound. The main Meralco meter is outside the gate. I can see my meter as it is positioned above my front door. I have done the tests you mentioned yesterday and they appear ok. I believe my other meter was running slow as my monthly bill for electric was only approx 250 to 300 for electric fan and ref but this was normal for me as I paid roughly this much at my previous apartment. I have no way of checking the old one was faulty now as it's been changed. I have used one month worth of unIt's in one week with this new one :-( IF the unit was faulty that does not render it unfunctional. I was under the impression that because my meter readings are written in the contract and are supposed to follow on from there that by him changing the meter, he had in effect altered the contract. There is no black and white with these kind of things and I guess I will have to swallow the financial impact for the next few months and get outta here after. My neighbours severed their one year lease here becayse they were paying way to much for their monthly consumption. They now only pay 500 a month at their new place instead of 1300 here. Thanks for your reply anyway ;-)

4Change of contract after it's started Empty Re: Change of contract after it's started Fri Dec 23, 2016 11:49 pm

Lunkan


Reclusion Perpetua

"The main Meralco meter is outside the gate. I can see my meter as it is positioned above my front door"
Are there many of you connected to that Meralco meter?
The fewer, the better chance you have to estimate if your meter is corect or not.
""My neighbours severed their one year lease here becayse they were paying way to much for their monthly consumption. "
If you check with all tennants, then you can check if the SUM of the used electricity is equal to what the Meralco meter say... Smile If the Meralco meter show less, then your personal meters show to much.

"I have no way of checking the old one was faulty now as it's been changed."
That's not important. The important is if the NEW tell corect or not.

" I was under the impression that because my meter readings are written in the contract and are supposed to follow on from there that by him changing the meter, he had in effect altered the contract. "
No. That is only to make clear from which meter level you have to pay new used electricity.

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum