Gas bill in landlord's name - who is responsible?

DragonQ

I'm pretty sure the letting agent has to give you direct contact details of the landlord in a shorthold tenancy agreement.

Robsia

I don't have his details. On the lease it gives his name, but the LA's address as a contact. Ironically it says I've to forward any mail I get for him within 7 days, but there is no address to forward it to, only the LA address, and I'm pretty sure they don't want it.

Wywth

Robsia wrote: »

I have rented for eighteen years and never had a problem with a landlord until this one. I've also always got my deposit back 100%.

We have had multiple issues and, eight months down the line, he has issued a section 21 and I am looking for somewhere else to live.

However, I have an odd situation I have never come across before. I have always paid gas/elec/water etc. everywhere I have lived.

When I moved in here December 2012, I duly transferred the utilities into my name as usual. I got a phone call from some tenancy information line and was told that at the end of January the gas was due to be transferred from British Gas to another company. I know now it was Scottish Southern Energy, but at the time I was a bit frazzled and not really paying attention, so I promptly forgot it, figuring I'd get a bill at some point and deal with it then.

So, after the end of January I got a final bill from British Gas, and I paid it. Then I never heard a thing from the new company. Time went by. No letter came, no bill, no nothing. I started to get a bit concerned.

Eventually, in July a guy came to read the meter. I was relieved to see him and told him I'd been worried that I hadn't got a bill. He said I'd be getting one soon.

I didn't - but a letter shortly came for the landlord. It didn't have any company name on it, but it had some bumf on the back about saving energy, and saving money, so I wondered if it might not be something to do with the gas...

So, I thought about it for about a week, then...I opened it.

I know I shouldn't have, as it was addressed to the landlord, but I didn't know what was going on.

It WAS the gas bill. It said he had paid £28.04 in April, and that the bill was £523.02 and would be taken from his account by Direct Debit on the 2nd August.

So, I waited.

The 2nd August came and went. I heard nothing from the landlord or the letting agent, but today, another letter came for him from SSE. I opened it. It said that his direct debit had been cancelled and that he should ensure any future bills were paid promptly.

I don't know where the heck I stand legally. I honestly don't have a problem paying for the gas I have used, I really don't.

But if he chose to put the bill in his name, is he responsible? Am I? If I am, then the only way I can pay the bills is by opening his mail. If I hadn't opened his letters I wouldn't have known about any of this. The fact that he has cancelled the direct debit seems to imply that he doesn't want to pay the bill, but then why put it in his name in the first place?

And what about the money he has already paid? Do I have to pay him back? He hasn't asked me for it.

What does the tenancy agreement say about paying for utilities?

As you say you are prepared to pay for them, then presumably that is what you thought would be the case.

The supplier will chase the account holder(s) for payment, but that doesn't mean he can't chase you if the agreement was that you should pay for usage during your tenancy.
Mind you, he probably won't need to chase as he seems to already have your security deposit

Wywth

Robsia wrote: »

I don't have his details. On the lease it gives his name, but the LA's address as a contact. Ironically it says I've to forward any mail I get for him within 7 days, but there is no address to forward it to, only the LA address, and I'm pretty sure they don't want it.

The law on providing a landlord's address is quite complex
http://www.rla.org.uk/docs/enews170712/landlords_addresses.pdf

However, if a landlord is employing an agent, it's quite usual for the landlord to expect all communication from the tenant to go through that agent. (and, in accordance with the agreement between LL & LA, for the agent to handle all such matters)

Why do you presume otherwise?

Robsia

Why do you presume otherwise?

Because the lease quite specifically states that I am to forward mail to the landlord, not the letting agent. I'm not actually sure a tenant can be required to handle the landlord's mail, even if he did put it into the lease. Surely ensuring his mail is redirected is his responsibility.

See this thread on that subject.
http://www.consumeractiongroup.co.uk/forum/showthread.php?327506-Landlords-Mail

However, so far he hasn't complained that I haven't. I just let it pile up on the windowsill and he collects it when he comes round, or sends his sister to.

So, I heard from the letting agent. The LL has been in touch with them also. He claims to be equally as puzzled that the gas was put in his name, although he must have done it, as a direct debit was set up to pay it quarterly from his bank account. No one else could have done that except him.

I have been told that SSE will be in touch with me and that they will pay him back. They other day I set up an online account with SSE to monitor the activity so I should be able to see when the money goes back, so I will be kept in the loop.

Wywth

Robsia wrote: »

Because the lease quite specifically states that I am to forward mail to the landlord, not the letting agent. I'm not actually sure a tenant can be required to handle the landlord's mail, even if he did put it into the lease. Surely ensuring his mail is redirected is his responsibility.

See this thread on that subject.
http://www.consumeractiongroup.co.uk/forum/showthread.php?327506-Landlords-Mail

However, so far he hasn't complained that I haven't. I just let it pile up on the windowsill and he collects it when he comes round, or sends his sister to.

So, I heard from the letting agent. The LL has been in touch with them also. He claims to be equally as puzzled that the gas was put in his name, although he must have done it, as a direct debit was set up to pay it quarterly from his bank account. No one else could have done that except him.

I have been told that SSE will be in touch with me and that they will pay him back. They other day I set up an online account with SSE to monitor the activity so I should be able to see when the money goes back, so I will be kept in the loop.

You can send any correspondence to the LL via his agent.

If you had any issue with the TA, why did you agree to it?

If you just want to be awkward, then pop any mail not addressed to you back in the mailbox marked 'gone away' or 'not known at this address'

Of course the LL could also just evict an awkward tenant .. but I see he's already started the process with you

And most new LLs will seek a reference from your past LL, so yeah, be as awkward as you like. :cool:

Robsia

Wywth wrote: »

You can send any correspondence to the LL via his agent.

If you had any issue with the TA, why did you agree to it?

Problem is, I didn't see the lease until the day I went in to sign it, and at that point, I already had the movers filling the van, so it was a little late to back out.

I have learned from this experience; next time I shall ask to see the lease in advance and query anything I am not happy with.

If you just want to be awkward, then pop any mail not addressed to you back in the mailbox marked 'gone away' or 'not known at this address'

That's not being awkward. That's just normal behaviour.

Of course the LL could also just evict an awkward tenant .. but I see he's already started the process with you

Yes, because retaliatory eviction is such a nice personality trait isn't it? I have never been evicted in eighteen years, or had any problems with a LL before. Any problems we have were not begun by me.

And most new LLs will seek a reference from your past LL, so yeah, be as awkward as you like. :cool:

I have already had written confirmation from the agent that THEY, not the LL, will be providing me with a good reference so, thanks, I will.