Check Tenant Has Paid Bills

tbs624

rpc wrote: »

If you do this without permission from the tenant, you would be breaching the Data Protection Act.

Take meter readings, advise the supply company that you are responsible with X Y and Z starting readings, but leave them to sort the final bill with the tenant.

If the utility company asks for a forwarding address, they are breaching the Data Protection Act as are you if you provide it.

In addition to th e info given in Antrobus' post s35(2) of the DPA states:

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b)for the purpose of obtaining legal advice,or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

A utility co seeking to recover debts would be covered by this

tbs624

mchale wrote: »

Not quiet correct, I have known were a Elec company insist on a prepayment meter after tenants left a outstanding bill.

... but the utility company cannot use the meter to recover the debts of a T who is no longer living at the property, ie at the expense of the LL or a new T.

If the tenancy agreement makes it clear that it is the T who is responsible for meeting the bills during the tenancy and meter readings are provided at both ends of the tenancy then what gazfocus was saying is correct

Werdnal

tbs624 wrote: »

... but the utility company cannot use the meter to recover the debts of a T who is no longer living at the property, ie at the expense of the LL or a new T.

Thanks tbs

This is basically what I said in post #9!

I too have seen suggestions that LL's may in future be made responsible for unpaid utility bills, but cannot see how its enforceable, as contract is between the tenant and the supplier - LL has no liability to pay for the service provided. Its a bit like trying to make LL responsible for the tenant's credit card payments or any other debts they run up in daily life!

The only way they could make a LL pay, is if they do not provide meter readings and tenant details at the start and end of the tenancy, and LL would be a fool not to do this anyway.

rpc

antrobus wrote: »

And since that's from the ICO, I think it can almost be taken as gospel.

I stand corrected! You learn something everyday, although the ICO do state the the tenant must be told at the outset that this may be done (implying agreement to the disclosure).

mchale

tbs624 wrote: »

... but the utility company cannot use the meter to recover the debts of a T who is no longer living at the property, ie at the expense of the LL or a new T.

If the tenancy agreement makes it clear that it is the T who is responsible for meeting the bills during the tenancy and meter readings are provided at both ends of the tenancy then what gazfocus was saying is correct

Agreed, I did not say that the prepayment meter would collect the outstanding debt, but if a property has a history of outstanding bills then a meter would be installed, with a outcome that the property would be harder for the LL to let as many people do not want pp meters

Werdnal

mchale wrote: »

Agreed, I did not say that the prepayment meter would collect the outstanding debt, but if a property has a history of outstanding bills then a meter would be installed, with a outcome that the property would be harder for the LL to let as many people do not want pp meters

And if LL can prove tenant has moved on, they can request it is changed back to a normal meter (as I said above!).

mchale

Werdnal wrote: »

Thanks tbs

This is basically what I said in post #9!

I too have seen suggestions that LL's may in future be made responsible for unpaid utility bills, but cannot see how its enforceable, as contract is between the tenant and the supplier - LL has no liability to pay for the service provided. Its a bit like trying to make LL responsible for the tenant's credit card payments or any other debts they run up in daily life!

The only way they could make a LL pay, is if they do not provide meter readings and tenant details at the start and end of the tenancy, and LL would be a fool not to do this anyway.

http://www.property118.com/index.php/landlords-may-have-to-pay-water-bills-for-runaway-tenants/23736/

tbs624

mchale wrote: »

Agreed, I did not say that the prepayment meter would collect the outstanding debt, but if a property has a history of outstanding bills then a meter would be installed, with a outcome that the property would be harder for the LL to let as many people do not want pp meters

Think it's a case of your post being read differently to how you perhaps intended :

In reponse to:
Originally Posted by gazfocus
If a tenant doesn't pay his/her bills, the utility company will chase the tenant for the outstanding bill, not the owner of the property.

You said:
Not quiet correct, I have known were a Elec company insist on a prepayment meter after tenants left a outstanding bill.

Any hoo.....

The info about water bills in the link you gave (re: possible changes to the collection of unpaid water bills) has been flagged up in several other threads on here. As mentioned above, LL simply needs to ensure that utility company has meter readings and notification of a new T being in situ/ol T moving out to avoid being landed with the exiting Ts water bill.
Many LLs do as G_M does.