Old landlord suing my guarantor...

silentmike486

I used to live in a rented house with my (now ex) wife, and our two children. I was working under a temporary contract, so my dad was a guarantor for us. When we separated, I moved out, and we handed in our notice. We eventually ended the tenancy and moved out in March, and the full deposit was returned to us.

The landlord works abroad, and now lives abroad, so a property management company dealt with us in all aspects of the tenancy.

So, last week, my dad gets a letter from a local solicitor, claiming that we owe them almost £2k because the gas/electric meter has been changed to a prepayment type.

This came out of the blue - none of us had any contact from the landlord, management company or utility company about this.

What appears to have happened is:

1. The property management company never bothered to let the utilities know we had moved out, and our meter readings. We also let them know, but they claim nothing had been received by them.

2. We had a Royal Mail forwarding service for a month, and all post that came after, or that had slipped through the net, was sent RTS by the LL's son, despite the agreement of the property management company that they would collect any as a goodwill gesture. We did get some post, but the critical letters regarding court action to use bailiffs to enter the property to change the meters never made it to me.

3. The utility company claim that because they thought I was still responsible for the property, everything they did was within the law - despite them moving the legal and technical charges for the meter replacement from me to the LL (I believe they are right and within the law)

4. My (ex) wife did miss the last month or twos payments to the utility company, which I wasn't aware of and have now set up payment for. The following three months where the property has been vacant also wasn't paid for by the LL, hence the action taken by the utility company.

Where do I stand with this? I intend to contest as it was the responsibility of the property management agent to inform the utility company of our moving out date, and final meter readings, and, critically, to ensure there was no outstanding balance before releasing the deposit back to me.

Thanks for your help on this, I can clarify anything if its not clear

Mike

BitterAndTwisted

You are in error. It is always the responsibility of the out-going tenant to give the final meter-readings to the utility supplier. The landlord or their agent are not your parents.

donfanatico

Probably not what you want to hear but legally it is your responsibility to inform utility companies of moving dates and final meter readings.

G_M

Did you ordid you not close youraccount with the utility company? Send/give them a final reading? Request a closing bill? Pay the closing bill?

If not, you remain responsible for the account - it is a contract between you and them (utility), NOT the landlord.

If becauseof your oversight a pre-payment meter has been installed, and the LL hasincurred costs toswitch it back

a) morally - why should hepick up this bill?
b) Legally - he can sue you and/or your guarantor.

BitterAndTwisted

In view of the risk to your father of acquiring a CCJ if a court finds against him (and they will) you should pay up asap. Preferably before it gets to court but most definitely before the time-limit set once the court finds against your father.

Flashmanchop

silentmike486 wrote: »

contest as it was the responsibility of the property management agent to inform the utility company of our moving out date, and final meter readings,

Mike

I have not rad the other posts - but I would love to see the paperwork saying they will do this for you.

If anything, it is your responsability. End of.

If possible do a joint inspection.

silentmike486

The DPS paperwork states that the deposit, or part of, should be released only when it is confirmed that no damage is done to the property, no rent outstanding, and no council tax/utility bills are outstanding. So the agent instructed the release of the deposit without checking one (or all?) of these, where actually he should have checked. This is my argument.

My wife and I split, so I had nothing to do with the move-out other than the physical bit. However she says that she told the utility company the date and readings. They have no record of this, but I would believe her over them. She is a legally-minded person.

Morally? I think the utility company have messed up with losing these readings/the letter/phonecall or whatever. So they should put the meter back.

Legally, I think the property management agents have messed up - and this is why they are not returning my calls. The agent was a newly qualified, relatively inexperienced kid.

G_M

silentmike486 wrote: »

The DPS paperwork states that the deposit, or part of, should be released only when it is confirmed that no damage is done to the property, no rent outstanding, and no council tax/utility bills are outstanding. So the agent instructed the release of the deposit without checking one (or all?) of these, where actually he should have checked. This is my argument.
Good luck with that argument - you'll need it.

My wife and I split, so I had nothing to do with the move-out other than the physical bit.
I assume this was a joint tenancy so you are jointly responsible
However she says that she told the utility company the date and readings. They have no record of this, but I would believe her over them. She is a legally-minded person.
Why would this legally minded person not follow up when a final bill didnot arrive?Did she give an address for it? How did she (you) expect to receive and pay thebill?

Morally? I think the utility company have messed up with losing these readings/the letter/phonecall or whatever. So they should put the meter back.
Best put in a formalcomplaint to the utility company. You'll have a greater chance of success with them(esp if they find the recording of the phone call -doyou have date/time?) than with the LL

Legally, I think the property management agents have messed up - and this is why they are not returning my calls. The agent was a newly qualified, relatively inexperienced kid.

As explained above- the agents have not messed up.

ValHaller

silentmike486 wrote: »

My wife and I split, so I had nothing to do with the move-out other than the physical bit. However she says that she told the utility company the date and readings. They have no record of this, but I would believe her over them. She is a legally-minded person.

Morally? I think the utility company have messed up with losing these readings/the letter/phonecall or whatever. So they should put the meter back.

Legally, I think the property management agents have messed up - and this is why they are not returning my calls. The agent was a newly qualified, relatively inexperienced kid.

Stop flailing around with useless excuses about the agent being a newly qualified kid. Everyone knows that agents are not qualified, so that really does not wash!

All you have is

• your ex wife's statement that she told the utilities.
• The possibility that the LL did not take over the supply and may have ignored correspondence to 'the occupier'

Is your ex prepared to stand up in court and defend having told the utilities? If she is, then your father should defend on those grounds. You could also argue that the Landlord did not act adequately to protect his position - but you are effectively fighting the utility at arms length - although prodceduraly if the LL has been stuck with costs from the utility, you have a fair argument that if the landlord is now pursuing you for the costs they should have defended that you were liable and allowed you to have a day in court with the utility.

If he loses, there is a period of 4 weeks to pay off the CCJ before it becomes a credit record issue.

mrginge

You're wrong. Pay the man.

chanz4

think they are having a laugh about k, more like £60 a meter