Incompetent Letting Agency

Fussy

Hi All

I am posting to see what other people might make of this predicament.

I am a landlord and my let property (which is over 250 miles from where I actually live) was fully managed with a letting agency. When my last tenant moved out in February, I couldnt be there and the manager completed the check out with the tenant. I had my rep (family member) go into the house the following day and take photos of the meter readings and clear it to release the bond.

Anyway, fast forward a few months and it has since transpired that the manager read the electricity meter incorrectly - she had misread a 9 for a 4 (4460 instead of 4960) and so was 500 units short of what it should have been.

The letting agents are now refusing to write to the Utility Company to correct the check out reading and told me that it was highly unlikely they read the meter incorrectly (incapable of making any mistakes because of her profession !!). When I asked how a meter can go up 500 units in 24 hours, she told me I needed to get the meter company to check out any faults. (It wasn't faulty at lal throughout the tenancy and since then).

I probably haven't got a leg to stand on and will need to pay the utility company, but just wondered if I have any legal leg to stand on ?


Many thanks

Liz

halibut2209

As far as I'm aware, it's the tenant that would be liable for the bill, and it's the tenant's responsibility to let the utility company know the readings. I can't see this coming back on you at all. You didn't use the utilities, and you have no contract with them.

wealdroam

Perhaps the Gas & Electricity board or maybe the House Buying, Renting & Selling board would be a better place for this thread?

InsideInsurance

It is not uncommon for their to be disputes with closing reading and opening readings when an account/ meter switches responsibility.

Presumably you pay the utilities when the property is vacant and so simply call the utility company to take back responsibility for the payments and provide your reads.

Their system will automatically flag the variance and either it'll be written off or they'll arrange for one of their own guys to do a read to decide the most probable read at the time of the transfer of responsibility.

Fussy

Thank you. I was wondering which board to place this in. I can't post in the CAB Board, so plumped for this one as it is a debt dispute.

It has been firmly placed in my lap as the landlord. I am responsible for any energy used whilst the property is vacant, and at the moment, they are saying that 500 more units were used than actually were because of the agency mistake. It's not a huge amount of money £104, but the principle of the matter is, it is not my debt and I am the one with the threat of legal action being taken.. <sigh>

I think hiring a solicitor might be overkill for the amount of money they are demanding, but its the brazenness of the agents that has really upset me. I am wondering if there is any way I could get my £100 back that doesn't cost me £100s of pounds !

Thank you

Liz

Fussy

Just to add, that I did contact the Utility Company on the day in February and gave them an actual reading. But when they received the (incorrect) reading from the Letting Agency in writing they automatically charged me for the additional units.

Liz

InsideInsurance

Probably cross posted with me but read above.

Who actually provided the reads to the energy company? Assuming its the agents, did they claim to be representing the tenants to close their account or did they claim to be representing you to take ownership of the account?

Speak directly to the energy company should sort it without too much problems - I used to deal with housemoves for an energy provider about 14 years ago and it was fairly common to get these disagreeing meter readings

Fussy

Thank you, I have been in contact with the Utility Company (Utility Warehouse) and they are refusing to budge on it.

They say they are taking the written reading from the agency as confirmation and agreement between the last tenant and the agency of a correct meter reading and that I am responsible for the difference (I never saw the letter but have asked to see it under FoI).

InsideInsurance

You wouldnt get to see it under Freedom of Information for a whole host of reasons. You can probably get to see a copy of it under the Data Protection Act though.

Did you give Utility Warehouse authority for the letting agent to act on your behalf?

Fussy

InsideInsurance wrote: »

You wouldnt get to see it under Freedom of Information for a whole host of reasons. You can probably get to see a copy of it under the Data Protection Act though.

Did you give Utility Warehouse authority for the letting agent to act on your behalf?

Ok, thanks for letting me know.

Not to my knowledge no. I have never given them authority.

I assumed they (Letting Agents) had adopted the rights of the tenant (by doing a check out with her present). Is it the tenants responsibility to provide the reading legally ?

halibut2209

I would think that the company would prefer to go after you as they know where you live. But there has been an error and you have told them about this. Legally I doubt they have a leg to stand on but are trying to intimidate you into paying.