Eon bill mess from house we rent out caused by managing agent, are we liable?

Maxchoc

Hi there,

we're in a bit of a complicated situation regarding an eon bill and wondered if anyone could shed any light on where we stand as everyone's telling us something different!

We have a house that we let out and two years ago it was empty for a period of two months. The house is let and managed by an agent who we pay a fee to for this service.

A week ago we received from the agent a super final demand - going to legal bill from eon regarding utilities used during this empty period two years ago! They said we were liable as it was an empty period.

I rang eon who told me that it wasn't for a standing charge which I would've been happy to pay but for 400 units based on two estimated readings and that if I supplied meter readings they would be happy to squash the charges.

I've then gone back to my agent who has said they don't have meter readings either as an end if contract of the leaving tenant or as a start of tenancy for the new tenant. That they didn't bother taking meter readings then but have started to more recently.

As far as I see we didn't use any units - let alone 400! I am 100% sure the place was empty as I checked daily myself! So I'm not happy paying this bill, surely the responsibility lies with my agent who should've taken these meter readings? Am I right or does responsibility actually lie with me?

Could I take action against the agent for the position they've put me in?

Thanks in advance for your help - I am currently raging! I've used an agent so I don't have to worry about the tenants and the property, yet it feels like they've landed me in it! How could they not take meter readings!? Is that not one of the simplest but most essential steps in property management!

Atidi

Maxchoc wrote: »

Hi there,

we're in a bit of a complicated situation regarding an eon bill and wondered if anyone could shed any light on where we stand as everyone's telling us something different!

We have a house that we let out and two years ago it was empty for a period of two months. The house is let and managed by an agent who we pay a fee to for this service.

A week ago we received from the agent a super final demand - going to legal bill from eon regarding utilities used during this empty period two years ago! They said we were liable as it was an empty period.

I rang eon who told me that it wasn't for a standing charge which I would've been happy to pay but for 400 units based on two estimated readings and that if I supplied meter readings they would be happy to squash the charges.

I've then gone back to my agent who has said they don't have meter readings either as an end if contract of the leaving tenant or as a start of tenancy for the new tenant. That they didn't bother taking meter readings then but have started to more recently.

As far as I see we didn't use any units - let alone 400! I am 100% sure the place was empty as I checked daily myself! So I'm not happy paying this bill, surely the responsibility lies with my agent who should've taken these meter readings? Am I right or does responsibility actually lie with me?

Could I take action against the agent for the position they've put me in?

Thanks in advance for your help - I am currently raging! I've used an agent so I don't have to worry about the tenants and the property, yet it feels like they've landed me in it! How could they not take meter readings!? Is that not one of the simplest but most essential steps in property management!

If your name was on the bill, you are liable to pay it.

As to whether or not you have a claim against the agent is something only you know as you have made the agreement with them, so you would need to prove a breach of that agreement.

I would say that if you do decide to take legal action against your agent, you should also ensure plans are in place for when they decide to no longer act as your agent.

400 units? about £40 worth? from over 2 years ago? Wouldn't it be simpler to just tell the agent you want an extra couple of quid a month in rent?

If there was no heat in the property 2 years ago, did you inform the insurers and drain down the entire water system? That would have cost you a fair bit more than £40

macman

Your property, your responsibility, your bill in unoccupied periods. The account is in your name, not the agents.
So you need to pay the bill and then if applicable demand compensation from the agent for not doing the job for which they are taking a fee. Your contract with them should make it perfectly clear whose job it is to read the meters.

E.ON_Company_Representative:_Helena

Hi Maxchoc,

I thought I may be able to help a little bit, although this is a third party dispute between you and the agent.

When customers move in and out of properties we rely on the customer to provide meter readings to enable us to produce accurate bills and so they only pay for the energy that they use.

If the property is rented and the tenant moves out, the property is the land lord's responsibility for the period that the property is empty, until we are informed that someone new has moved in.

If we are not provided with meter readings when people move in and out, we will bill to estimated meter readings.

If actual readings can be provided, then we are more than happy to re-bill the account.

I hope this helps in understanding how our bit works.

Helena:)

Maxchoc

Hi guys,

Thanks for your input, guess I knew we would have to pay, just seems to be one thing after another with this agent. We have been with them for many years but will be moving on to a new agent at the end if the current tenancy as they seem to cause more trouble than they're worth!

The bill is in the agents name (no idea why!) and is for just under £100 which seems a bit excessive for two empty months, hopefully eon will be sympathetic to this sorry tale and offer some kind of reduction when I call to pay shortly - this has been dragged out long enough already by the agent!

With regards to draining the water, it was summer so we had no need to drain the system. I shall be looking at the original management agreement later, but I'm sure I remember it being very biased in there favour so doubt ill find anything

Thanks again guys (sigh)

macman

But if it's in the agent's name, it's their bill, not yours. Eon should not be discussing it with you.
Eon should recover it from them, and if they dispute it they must agree something with you to recover it., unless the management contract says otherwise. Yes, definitely time for a new agent-why have they never take readings?

Maxchoc

Thanks Macman,

The agent are reasonably new but quite big and I just think their in over their head and inexperienced. I've taken advice from another agent who's been in property for a long time and they couldn't believe that no meter reading had been taken - said it was negligent!

I think at the end of the day the bill is for an empty period and will still be the landlords responsibility although this entire mess is caused by the agent, I can't believe they've not told us for over two years! Ridiculous! I think I'll just pay before court cost build and add on and on!

macman

Maxchoc wrote: »

Thanks Macman,

The agent are reasonably new but quite big and I just think their in over their head and inexperienced. I've taken advice from another agent who's been in property for a long time and they couldn't believe that no meter reading had been taken - said it was negligent!

I think at the end of the day the bill is for an empty period and will still be the landlords responsibility although this entire mess is caused by the agent, I can't believe they've not told us for over two years! Ridiculous! I think I'll just pay before court cost build and add on and on!

But you said you've been with them for years?

Maxchoc

Yeah, been with them a few years, think there company started up about 10 years ago, that seems reasonably new in property sales/ rentals and management, no?

Maxchoc

Just a quick update to say that I've spoken to an understanding fella at eon who has adapted the bill to reflect standby charges and we have a new bill coming through for less than £10!

Definatley changing letting agents.

I must add that eon have really got a boost in my eyes after this. Everyone I spoke with was understanding and worked to put me in touch with the right person to help. Definatley a pleasure to speak with an English call centre as well. Can't imagine how difficult this would have been to explain with language difficulties also

Thanks for all your input and advice