Is Landlords liable for unpaid bill for gas/electric supply

lilyxpie

Hi,
I'm after some advice. I've recently received a letter from debt collectors on behalf of United Utilities for a unpaid gas and electric bill for a month in which the property I rent out was empty between tenants. Its for £107. I wasn't even aware that the supply has been transfered to them (in breach contract) by previous tenant and this was first demand received for any payment.

The bill is based on estimated readings. I don't have copies of meter readings but can honestly say that the only electrical appliance (built in fridge) was switched off and the boiler was switched off following its landlords service in this month. It was August 2010 so I believe that the £57 gas component of bill is unreasonable anyway.

United Utilities say I am responsible for bill and are now treating it as third party dispute between myself and current tenant and demanding immediate payment.

I have never signed or entered into any contract with them and how can I be liable for a bill based on estimated readings?

Advise gratefully received as I really can;t afford to pay it.
Thanks

Cardew

Firstly, nobody signs a contract these days. As soon as you use any gas or electricity you have entered a legally binding deemed contract. This is a provision of the Gas and Electricity Acts(of Parliament)

United Utilities are quite right that it is a third party dispute between you and your old and new tenants. The gas/electricity has been used and has to be paid for.

Had you noted the meter readings when the old tenant left and notified UU then they would have chased the old tenant for any arrears. I do appreciate that you were not aware that UU had taken over, but had you contacted the old supplier they would have told you.

Similarly when the new tenant took over you should have repeated the procedure - noting meter readings and informing utility company.

Put it this way, what action do you feel UU should take? Chase the old tenant? and for how much? Chase the new tenant? and for how much?

The estimated readings are not the issue. Give them actual readings.

Sorry but you have let the old, and new tenants off the hook.

lilyxpie

Lesson learnt. Never rent to friends and always use an agency!

Premier_2

lilyxpie wrote: »

... I wasn't even aware that the supply has been transfered to them (in breach contract) ...

:eek:

Sounds like an unfair contract (as assessed by the OFT) if you put such a term in your TA.

I would normally suggest avoiding rip-off agents, but in your case I think not using them is the worse of two evils; at least they might to a half decent job.

macman

lilyxpie wrote: »

Lesson learnt. Never rent to friends and always use an agency!

Not so, never trust an agency to take and submit readings on your behalf, either as a landlord or a tenant. It's not their job (or their bill).

spiro

As a LL you obviously dont appear very clued up on the process of energy accounts and taking meter readings. On that basis have you had a gas safety test between tenants and passed a copy of the certificate to the new tenants?

lilyxpie

All safety checks were completed which is how am 100% certain appliances and boiler off. Like I say don't rent to friends! :-(

PNPSUKNET

You also can not restrict people changing providers, or payment methods unless you pay the bills in your name.

spiro

lilyxpie wrote: »

Like I say don't rent to friends! :-(

That is not relevant.

mattcanary

Sounds to me like the supplier doesn't want to end up out of pocket for the old and/or new tenant not providing reading when they moved in/out of property. They are now trying to bill you for the supposed difference (which is based on estimates anyway).

You have not contcated the suppler at any stage asking for the supply at the address to be put in your name (at least that is how I am reading your opening post).

I cannot see that the supplier can enforce the bill you have received if you don't pay.

I would add though that it is only sensible for you to read the meter when the old tennat leaves and when the new one moves in. Should prevent these type of problems from occurring in future.

spiro

mattcanary wrote: »

You have not contcated the suppler at any stage asking for the supply at the address to be put in your name (at least that is how I am reading your opening post).

You only have to turn a light on for a 'deemed contract' to exist between you and the supplier. The LL will always be responsible for the period between tenants and if he fails to ensure meters are reading on both occasions (move out, move in) and provided to the supplier they will be left liable for any 'extra' fuel used i.e. Tenant moves out and says reading was 100 when it was actually 200.