Electricity bill for a tenanted property - what to do?

callmeted

[TL;DR - tenant received unexpected electricity bill and believes he shouldn't pay it as wasn't aware of it when he moved in, and now threatens legal action. I think it's his problem but unsure]

Hi folks, I hope this isn't too convoluted to follow but I'll do my best...

I bought a new-build property in 2015, and in Feb 2017 rented it out to my current tenant, he's been great, no major problems.

In summer last year, my tenant passed on a letter that was received to this property from Scottish Power (SP) to say that I owed £3k+ for past electricity bills - this was news to me as I had never received anything from SP in my time living at the property - but it turns out they had been the electricity provider all along (I had been paying SSE for what I thought was combined heating and electric). I spoke with Citizen's Advice and sorted out this debt with SP, and gave details/meter readings of when I moved out of the property, and when the tenant moved in. I told this story to my tenant in person (not in writing - which I kick myself for now), and advised him to sort an account with SP and maybe use Citizen's Advice as they were really helpful in assisting with my case.

On Friday, I receive a message from my tenant to say the property received a final notice letter from SP (Addressed to OWNER OCCUPIER) that debt collectors are to be arranged over a debt of £1k for over 2 years of usage. My tenant has said he will be speaking to his lawyers about this, as he believes he shouldn't have any debts to pay as he didn't know anything about this bill and hadn't been contacted by SP himself.

My view is that:

1. I told him in person about this issue so he was aware that there may be another bill to concern himself with
2. That he should have contacted SP himself, especially when he received the OWNER OCCUPIER letters - I didn't do it as I thought it's not okay to add a person's name to utilities account I don't have authorisation for. He's being very naive for ignoring these letters
3. I have told him to contact CA as I'm sure SP haven't consistently billed him about the debt

This is stressing me out as I'm v. concerned re: lawyers chat, but I don't think I'm in the wrong here, and this sadly is his problem to sort out. I have landlords insurance should he try and escalate things legally but I want to avoid all that stuff and come to a reasonable conclusion with this.

Our tenancy agreement merely states that "The tenant agrees to pay the Council Tax and the main utility bills on the property (Water and Electricity) for the duration of the tenancy.", so am I right in saying that all of this is on him?

What should be the best course of action from this?

G_M

* under the tenancy, is the tenant responsible for utilities?
* Does the bill cover the period of the tenancy?
* Does the bill cover the period pre-dating the tenancy?
* Does the bill cover the period overlapping?

davidmcn

callmeted wrote: »

(I had been paying SSE for what I thought was combined heating and electric).

By "heating" I'm guessing you mean "gas" (though you don't seem to have mentioned gas in the tenancy agreement)? Seems odd you didn't twig that you hadn't received any electricity bills - what happened with meter readings when you completed your purchase?

I spoke with Citizen's Advice and sorted out this debt with SP, and gave details/meter readings of when I moved out of the property, and when the tenant moved in.

So if you told SP that the tenant had moved in, why do they still have your name on the account?

Our tenancy agreement merely states that "The tenant agrees to pay the Council Tax and the main utility bills on the property (Water and Electricity) for the duration of the tenancy.", so am I right in saying that all of this is on him?

Yes, not sure who else the tenant thinks ought to be paying for his electricity. Though you haven't exactly made life easy for yourself!

callmeted

davidmcn wrote: »

By "heating" I'm guessing you mean "gas" (though you don't seem to have mentioned gas in the tenancy agreement)? Seems odd you didn't twig that you hadn't received any electricity bills - what happened with meter readings when you completed your purchase?

So if you told SP that the tenant had moved in, why do they still have your name on the account?

Yes, not sure who else the tenant thinks ought to be paying for his electricity. Though you haven't exactly made life easy for yourself!

No gas - it's a new build so SSE bills for heating - there's a HEU in the property. The bills I'd received from SSE say charges are for 'Electricity', hence why I/we made the mistake heating and electricity was all part of the same thing.

SP don't have my name on account, the letters for the account are addressed to OWNER OCCUPIER only.

And I know I haven't made it easy on myself...

callmeted

G_M wrote: »

* under the tenancy, is the tenant responsible for utilities?
* Does the bill cover the period of the tenancy?
* Does the bill cover the period pre-dating the tenancy?
* Does the bill cover the period overlapping?

Yes
Yes
No
No - it is from the date the tenant came into the property

dimbo61

Love the quote " he is speaking to his lawyers bit "
Get onto the energy provider and email them a copy of the tenancy agreement.
Date tenant moved in and meter readings you gave them with the help of CAB.
Inform your tenant that he forgot to inform energy company that he had moved in and the debt is his to sort.
Make sure he is aware that getting a CCJ from an energy company will damage his credit history Big style but his " Lawyers" can soon sort that.
Maybe tell him that prepayment meters will need to be installed until debt is paid