Unpaid Gas Bill from before tenancy.

ExtraMask

It's really supposed to be down to the letting agent to contact BG and ensure they have the correct billing address. If they're sending the information to the supply address then the letting agent aren't aware of any bills and BG therefore haven't received payment, hence the debt build up of £2000.

If I was in this situation I'd probably contact BG and let them know that the account details they hold for the letting agent are being sent to the supply address and offer to give a correspondence address for the letting agents office. You can offer to send them the tenancy agreement but be careful to let them know that an account should not be opened in your son's name as the TA shows utilities are paid for by the letting agent. By doing this you're not breaking any data protection as you're not asking BG for any account specific information and just offering information that will help all parties involved resolve the issue.

The warrant side of things, you can show the tenancy agreement to the debt collections agent to show that your son recently moved in but this won't change anything as the utility account would still be in the name of the letting agent, so they'd still proceed with the warrant to enter on that basis until the letting agent make some kind of payment arrangement. In some instances they do put it on hold for a month to resolve a dispute. BG can request this from the debt collections agent.

It's usually safer to have the utility accounts in your own name if you're renting from a letting agent as you're relying on them to keep up to date with things and unfortunately, a lot of them only care about receiving your money and if they're not receiving energy bills then it's not their problem. Any reputable letting agent would want their customer to be happy so would make time to contact BG and sort this matter out but it doesn't seem like they've done this. Therefore, I'd complain to them that it still hasn't been sorted and that they have a duty to look after their paying tenants. CAB website has some useful info on complaining to and about your lettings agent. https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/complaining-about-your-letting-agent/

I'd also recommend not opening any letters that are addressed to the letting agent as it's illegal under Postal Services Act 2000. The best thing to do is take them to the letting agents office and tell them that they need to contact BG to update the correspondence address as your son is being harassed by BG and a debt collector for money that he doesn't owe.

Regarding the letter that was hand delivered, the data protection issue isn't really relevant. The letter hasn't come from BG, it's from a debt collections agent so BG won't have any say in how the DCA deliver mail. They also aren't using your son's data on the letter so it's going to be pointless raising that issue as it still won't solve the overall issue that your son is facing.

lindos90

ExtraMask wrote: »

It's really supposed to be down to the letting agent to contact BG and ensure they have the correct billing address. If they're sending the information to the supply address then the letting agent aren't aware of any bills and BG therefore haven't received payment, hence the debt build up of £2000.

If I was in this situation I'd probably contact BG and let them know that the account details they hold for the letting agent are being sent to the supply address and offer to give a correspondence address for the letting agents office. You can offer to send them the tenancy agreement but be careful to let them know that an account should not be opened in your son's name as the TA shows utilities are paid for by the letting agent. By doing this you're not breaking any data protection as you're not asking BG for any account specific information and just offering information that will help all parties involved resolve the issue.

The warrant side of things, you can show the tenancy agreement to the debt collections agent to show that your son recently moved in but this won't change anything as the utility account would still be in the name of the letting agent, so they'd still proceed with the warrant to enter on that basis until the letting agent make some kind of payment arrangement. In some instances they do put it on hold for a month to resolve a dispute. BG can request this from the debt collections agent.

It's usually safer to have the utility accounts in your own name if you're renting from a letting agent as you're relying on them to keep up to date with things and unfortunately, a lot of them only care about receiving your money and if they're not receiving energy bills then it's not their problem. Any reputable letting agent would want their customer to be happy so would make time to contact BG and sort this matter out but it doesn't seem like they've done this. Therefore, I'd complain to them that it still hasn't been sorted and that they have a duty to look after their paying tenants. CAB website has some useful info on complaining to and about your lettings agent. https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/complaining-about-your-letting-agent/

I'd also recommend not opening any letters that are addressed to the letting agent as it's illegal under Postal Services Act 2000. The best thing to do is take them to the letting agents office and tell them that they need to contact BG to update the correspondence address as your son is being harassed by BG and a debt collector for money that he doesn't owe.

Regarding the letter that was hand delivered, the data protection issue isn't really relevant. The letter hasn't come from BG, it's from a debt collections agent so BG won't have any say in how the DCA deliver mail. They also aren't using your son's data on the letter so it's going to be pointless raising that issue as it still won't solve the overall issue that your son is facing.

Thanks for your reply, really helpful. Take your point about not opening any future letters that arrive. I am now worried, when bills start to arrive for their current tenancy, that they will have no idea how much they owe though (ie how much over £30 a week all the utilities add up to) I imagine they will just be sent a generic 'you owe this much extra' with no breakdown of costs (and perhaps the LA using that as a way of clawing back extra money).

Guess thats a worry for another day though!

ExtraMask

lindos90 wrote: »

Thanks for your reply, really helpful. Take your point about not opening any future letters that arrive. I am now worried, when bills start to arrive for their current tenancy, that they will have no idea how much they owe though (ie how much over £30 a week all the utilities add up to) I imagine they will just be sent a generic 'you owe this much extra' with no breakdown of costs (and perhaps the LA using that as a way of clawing back extra money).

Guess thats a worry for another day though!

I forgot to mention one important part, take regular meter reads. That way you’re going to know how much energy is used each month.

From the letting agent’s lack of attention to bills I’d imagine the prices are standard variable, so you could work out each month how much has been used between reads with the BG standard prices for the area your son lives in.

https://www.britishgas.co.uk/content/dam/british-gas/documents/excel/Online-Table-Standard-New.xls

There’s also guides online for calculating the gas as it depends on metric or imperial meter as well as calorific value (a general estimate for cal val is 40.0 as it varies throughout the country). If you get stuck though there’s always this forum

Edit: quick note.. if the letting agent aren’t taking regular reads they’re not going to know how much is being used sonwill have difficulty charging any extra without proof, so it’s important your son takes them to stay one step ahead.

lindos90

ExtraMask wrote: »

I forgot to mention one important part, take regular meter reads. That way you’re going to know how much energy is used each month.

From the letting agent’s lack of attention to bills I’d imagine the prices are standard variable, so you could work out each month how much has been used between reads with the BG standard prices for the area your son lives in.

https://www.britishgas.co.uk/content/dam/british-gas/documents/excel/Online-Table-Standard-New.xls

There’s also guides online for calculating the gas as it depends on metric or imperial meter as well as calorific value (a general estimate for cal val is 40.0 as it varies throughout the country). If you get stuck though there’s always this forum

Edit: quick note.. if the letting agent aren’t taking regular reads they’re not going to know how much is being used son will have difficulty charging any extra without proof, so it’s important your son takes them to stay one step ahead.

All very good points Extra mask, yes I assume it will be standard variable too. (I'm assuming the landlord isn't particularly savvy, or motivated to find cheap utility deals if any excess over the 'inclusive allowance' is paid by the tenant). Although the bill and demand did not mention if the charge was just for gas use, only that it was an outstanding amount. Its possible they have the dual fuel. (Which we are in the process of moving from thanks to Martin L telling me about the best current deals!)

I will make sure he keeps taking readings, so they have some idea how it is building up. Maybe this will turn out to be an important life lesson for them in some respects.

It is a tiny flat over a shop, I am wondering if the shop owner under them could be the landlord, or if they are tenants, their landlord could be the same one as my sons. We have already popped in to say hello when he moved in, maybe they might shed some light on things.

Thanks again for such a helpful reply :money:

footyguy

lindos90 wrote: »

My son has just moved into student digs, his contract is inclusive of utilities (although the small print says it is actually up to a limited allowance of £10 per tenant per week)

When he moved in (just over a week ago) there was an outstanding bill from British Gas, for approximately £160 with additional admin costs due to non payment. He handed it to the Lettings agent, who said they would sort it out immediately.

Today he arrives home to a hand delivered letter from a debt collecting agency with a demand for over £2000 outstanding! They are going to seek a warrant to enter the property and attach a prepayment 'pay as you go' to the gas meter, or if that is not possible to do, they are going to cut the gas off!

1) The letting agreement states that utilities are 'inclusive' of the rent they pay. We also assume the tariff set on the pay as you go meter will be huge in order to help pay off the outstanding debt, as well as pay for ongoing gas use, so the students should'nt be having to put their own money in this should they?

3) How long does it usually take for debt collecting agencies to get a warrant?

4) As tenants, where do they stand if the debt collectors come back with a warrant?

Obviously he contacted the lettings agent immediately and told them, they said they would 'look into it and get it sorted' (again).

Now I can't see an outstanding debt getting to £2000 without the lettings agent knowing about it at some point, so this can't be news to them.

The letter and bill were addressed to the lettings agent, not to the Landlord. I am not sure quite how it works, but I'm making the assumption that the lettings agent totally manages the property, so is it more likely that they have not paid the bills, rather than the landlord?

Any advice gratefully received. Just not really sure how to help him and his flatmates.

I would suggest you ask your son to seek the help of his housing officer at his education establishment

footyguy

lindos90 wrote: »

No the letter from today has the name of the letting agency and the address of his flat. It was not even in an envelope, it was just pushed through the letter box as a single sheet of paper.

The 'bill' that was at the flat when they moved in, is addressed the same and was (afaik) already opened when he arrived.

I suggest you ask your son to ensure the letter and bill is forwarded to the intended recipient without delay

footyguy

lindos90 wrote: »

All very good points Extra mask, yes I assume it will be standard variable too. (I'm assuming the landlord isn't particularly savvy, or motivated to find cheap utility deals if any excess over the 'inclusive allowance' is paid by the tenant). Although the bill and demand did not mention if the charge was just for gas use, only that it was an outstanding amount. Its possible they have the dual fuel. (Which we are in the process of moving from thanks to Martin L telling me about the best current deals!)

I will make sure he keeps taking readings, so they have some idea how it is building up. Maybe this will turn out to be an important life lesson for them in some respects.

It is a tiny flat over a shop, I am wondering if the shop owner under them could be the landlord, or if they are tenants, their landlord could be the same one as my sons. We have already popped in to say hello when he moved in, maybe they might shed some light on things.

Thanks again for such a helpful reply :money:

I would suggest you ask your son for all the information he was given by the LA about the let, if you want to know who his landlord is.

lindos90

Footguy, to answer you points, he forwarded the bills to the letting agent as soon as he saw them.

The landlords details are not on any paperwork, the lettings agent is their only point of contact and they don't seem to be responding. They just say 'we will look into it' but dont appear to be doing so.

There isn't a 'housing officer' at the Uni as far as we can see, who deal with issues with private rented student accommodation, they only seem to deal with their own campus accommodation.

ExtraMask

lindos90 wrote: »

Footguy, to answer you points, he forwarded the bills to the letting agent as soon as he saw them.

The landlords details are not on any paperwork, the lettings agent is their only point of contact and they don't seem to be responding. They just say 'we will look into it' but dont appear to be doing so.

There isn't a 'housing officer' at the Uni as far as we can see, who deal with issues with private rented student accommodation, they only seem to deal with their own campus accommodation.

To be honest, you're best off sticking with contacting BG and offering the correspondence address and tenancy information (advising utility bills are included) and contacting the letting agent to make a complaint about them not handling it. The CAB link i posted previously can help in how to complaint to the letting agent and about the letting agent if they're not cooperating.

The property owner won't have any involvement in this matter as they pay the letting agent to manage it for them. Usually if they're getting the rent regularly they're not concerned. Another thing is due to DPA, they're not allowed to give out the property owner's information to tenants.

lindos90

ExtraMask wrote: »

To be honest, you're best off sticking with contacting BG and offering the correspondence address and tenancy information (advising utility bills are included) and contacting the letting agent to make a complaint about them not handling it. The CAB link i posted previously can help in how to complaint to the letting agent and about the letting agent if they're not cooperating.

The property owner won't have any involvement in this matter as they pay the letting agent to manage it for them. Usually if they're getting the rent regularly they're not concerned. Another thing is due to DPA, they're not allowed to give out the property owner's information to tenants.

Thanks again extramask, as soon as I'm back from work I am going to call British Gas, I hope that at least buys them a bit of time for it to be sorted. What you say about the landlords details is interesting as I thought the LA had a duty to give those details if asked (even if it just a name, not address) I thought I had read that somewhere during my late night googling, but what you say also makes sense too.