Student accommodation npower gas bill

Dunstable_Dasher

My son was in shared accommodation with 4 other students, at the end of the final term they read the meter and advised npower of the reading, all moved out and went their seperate ways, npower have now sent my son the final bill via my address stating he is responsible for this one, ( not sure how they obtained his name and my address ) I have advised them of the situation and paid one fifth of the bill and informed them of the letting agents address to enable them to contact the others but they say they don't get involved in third party disputes, any idea why/how they have decided we are responsible.? ( Bills were always addressed to ' The occupier ' and paid, no one student took individual responsibility or signed any contract )

Cardew

Happens many times I am afraid.

Unless one person is named on the bill, all occupants are jointly and severally responsible. They have all entered into a legally binding deemed contract.

They will come after just one person for all the money owing and your son has drawn the short straw.

If it is not paid, the debt will be passed to a Debt Collection Agency(DCA) and they are not in the slightest bit bothered on the moral issues - they have your son's name and will chase him.

If he doesn't pay he will have an entry on his credit record and/or be taken to court; and will have a judgement against him.

I would try and contact the other 4 flatmates and try to get your money from them and pay the bill.

DrScotsman

What Cardew has said is usually the norm, and you/your son should be prepared to accept that. However this caught my eye...

( Bills were always addressed to ' The occupier ' and paid, no one student took individual responsibility or signed any contract )

Did any student phone up the supplier on behalf of everyone else when moving in?

See, if multiple people move into a property and don't contact the supplier (which I can only assume if the bill is addressed to the occupier), if they use the utilities then there is obviously an implied contract between them and the supplier. BUT, is it implied that they are jointly and severally liable? What does everyone else think?

KimYeovil

DrScotsman wrote: »

See, if multiple people move into a property and don't contact the supplier (which I can only assume if the bill is addressed to the occupier), if they use the utilities then there is obviously an implied contract between them and the supplier. BUT, is it implied that they are jointly and severally liable?

Yes. And not just implied. They are. But that, of course, means the supplier can chase just one of them.

One consolation for the OP's son is at least some of the previous bills were paid.

Cardew

It is actually covered in the Gas and Electricity Acts.

Under those Acts of Parliament gas and electricity must be left connected. However it also states that any occupant who uses gas and/or electricity has entered into a legally binding deemed contract.

Whilst I take your point, I cannot see any other interpretation that all occupants are jointly and severally liable. If that were not the case, who would be liable?

I suppose if you have the odd £100,000 to make lawyers rich, you could challenge on a point of law; however you would have to say who was liable!

DrScotsman

Cardew wrote: »

Whilst I take your point, I cannot see any other interpretation that all occupants are jointly and severally liable. If that were not the case, who would be liable?

I was thinking two possibilities.

1. They could just be severally liable.
2. An individual could only be liable for whatever gas/elec THEY use and not for their flatmates' usage.

I mean if there weren't any existing statutes and case law on this then surely one of those would be true, I cannot see how you would be jointly and severally liable by default. Of course there are existing statutes and case law, I just don't know them

On another note, am I correct in saying that under joint and several liability the OP's son would be able to sue his flatmates for what they owe? (e.g. like the example here.) In which case, how much is the bill for OP? If it's large enough you should consider this...providing he isn't good friends with them of course

Cardew

DrScotsman wrote: »

On another note, am I correct in saying that under joint and several liability the OP's son would be able to sue his flatmates for what they owe? (e.g. like the example here.) In which case, how much is the bill for OP? If it's large enough you should consider this...providing he isn't good friends with them of course

You can of course sue anyone for any sum that you feel you are owed. If would be up to the Judge to decide if the claim is valid.

All things being equal I would have thought it an open and shut case and costs would be awarded for the plaintiff.