Electricity outstanding bill from previous occupier

pka_2

Hi All,
not sure if this is in the right thread or not.

Basically my brother has recently moved in to my house (student rented property). Post which has been delivered for the previous occupier he has returned to sender as he/I don't have a forwarding address for them.
Today he has received a letter from a debt collection company addressed to the occupier referencing an outstanding amount of £1003.61 owed to NPower. The letter says that there is a court hearing arranged for the 29th October where they are applying for a warrant to enter the property.
have tried ringing both n power and the debt collection company but being put on hold for about 30 mins then cut off.
Any advice as to what he can do as obviously this is not his debt, also as owner of the property is there any way they can come after me for the debt?

prowla

I guess your brother could make a representation at the hearing on the 29th; if he can show that he is now the tenant and took up residence after the bill date, then I can't see how they could possibly be given authority to gain entry.

jalexa

pka wrote: »

Today he has received a letter from a debt collection company addressed to the occupier referencing an outstanding amount of £1003.61 owed to NPower. The letter says that there is a court hearing arranged for the 29th October where they are applying for a warrant to enter the property.

Your brother has no legal liability, however he is the "occupier". I suggest he attends court and explains that. Perhaps others here can explain if your brother can claim costs.

pka_2

Finally managed to get through to NPower who, having told me off for opening someone else's post (i didn't it was addressed to the occupier) wouldn't discuss the outstanding amount with me as I'm not the account holder - fair enough.
However they then asked me if I had any tenancy agreements with previous occupiers, of which I have several so when I asked which one they wanted to know about, they again said they couldn't discuss it as I wasn't the account holder :doh:
They have logged on the account in question that I rang today as landlord and have put a note on the account that the occupier has changed.
My brother is also going to reply to the debt collection company explaining that he has only just moved in and not liable for the debt so we will see what response that gets. Like you said he might need to attend the court hearing but hopefully it wont come to that.

jalexa

pka wrote: »

Finally managed to get through to NPower who, having told me off for opening someone else's post (i didn't it was addressed to the occupier)

Simple. Raise a formal complaint (in writing or by email) on that point only.

In a way I don't blame you for trying to avoid something unpleasant but be very wary about being "conned" that the 29th has been cancelled.

Wywth

pka wrote: »

Hi All,
not sure if this is in the right thread or not.

Basically my brother has recently moved in to my house (student rented property). Post which has been delivered for the previous occupier he has returned to sender as he/I don't have a forwarding address for them.
Today he has received a letter from a debt collection company addressed to the occupier referencing an outstanding amount of £1003.61 owed to NPower. The letter says that there is a court hearing arranged for the 29th October where they are applying for a warrant to enter the property.
have tried ringing both n power and the debt collection company but being put on hold for about 30 mins then cut off.
Any advice as to what he can do as obviously this is not his debt, also as owner of the property is there any way they can come after me for the debt?

No court in this land will set a hearing for a claim against "The Occupier".
In fact I'm surprised such a claim would even be accepted by a court in the first instance.

jalexa

Wywth wrote: »

No court in this land will set a hearing for a claim against "The Occupier".
In fact I'm surprised such a claim would even be accepted by a court in the first instance.

That is a point I agree with, subject to court procedure which I have no experience of. However I think it is right that the delivered notice referred to "the occupier", thus allowing the "occupier" to make representations in court, otherwise they could have returned home to find the "job done".

As you suggest the acid test is the wording of the application. On that I have an open mind, or rather I have little confidence in the behavior of the applicant (and not much more in the bench).

pka_2

Ok so my brother isn't liable for the debt, but as joint owner of the house is there any way that I could be?

Wywth

pka wrote: »

Ok so my brother isn't liable for the debt, but as joint owner of the house is there any way that I could be?

I thought you said it was a "student rented property"

jalexa

pka wrote: »

Ok so my brother isn't liable for the debt, but as joint owner of the house is there any way that I could be?

"However they then asked me if I had any tenancy agreements with previous occupiers, of which I have several so when I asked which one they wanted to know about, they again said they couldn't discuss it as I wasn't the account holder "

That was a very naughty trick question. How do you think the conversation would have gone if you'd answered "err...no"? Don't trust these people one inch. Particularly on the phone. However the good news is they referred to the "account holder".

If you have a valid copy of the tenancy agreement for the previous occupier's tenancy, then for you to be liable the supplier would need to successfully challenge it. As "owner" you are only liable for consumption during vacant periods.

BTW, I take it your brother has set up an account and passed the entry reading?

pka_2

Wywth wrote: »

I thought you said it was a "student rented property"

It is, I own the house, my brother, a student is currently renting it.