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Liability for standing charges on utility bills during property vacant periods?

I have a small residential property. I had a void period between tenants several years ago. A utility provider engaged by my tenants immediately before the void period (who had a direct contractual relationship with my former tenant) initially tried to pursue my current tenants and they started to get debt collectors letters. I got in touch with the utility provider and they are now pursuing me for costs during this void period. The utility provider never made any attempt to contact me during the void period and has not made any attempt to get in touch with me in the 4 years since.

I understand that as landlord I would be liable if there were charges for electricity and gas used but there was no electricity used. The charges that they are claiming are standing charges. Am I liable for the standing charges given that there is no contract between me and the utility provider?  They keep referring me to their standard terms but my view is that the standard terms would only apply to me if they were incorporated into some kind of contract with me.  How could I haves agreed to these (or ended up with a contract by conduct by using electricity) if I didn't know about them?

Would appreciate your thoughts.

Comments

  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 23 September 2020 at 6:59PM
    Of course you are liable.
    Why should either the previous tenant, or the subsequent one, be liable for a period when they were not the tenant?
    The mind boggles.......
    You should be managing the property, including the utility accounts, during each hand-over period.
  • Yes - the previous and next tenants didn't live there, so not their debt. 
    The standing charge is due even with no usage - so it falls to you as the owner. 
  • SpiderLegs
    SpiderLegs Posts: 1,914 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Surely this isn’t serious. Who do you think should be liable for utilities provided to your property whilst it’s empty?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Surely this isn’t serious. Who do you think should be liable for utilities provided to your property whilst it’s empty?
    The gas bill fairy, clearly.
    Trie said:

    my view is that the standard terms would only apply to me if they were incorporated into some kind of contract with me.  How could I haves agreed to these (or ended up with a contract by conduct by using electricity) if I didn't know about them?

    In the same way that you're deemed to have if you're a tenant or a purchaser who has just moved into the property. How did you think it worked?
  • blue_max_3
    blue_max_3 Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Just curious, but if I, as a tenant, took out a broadband contract for 12 months and left within the contract period, would I still be liable, or the landlord?
    I mean, that commits me as a tenant for the contract length surely? Even if I left.
    It's always made me wary of taking out contracts as a tenant.

  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 23 September 2020 at 9:13PM
    Just curious, but if I, as a tenant, took out a broadband contract for 12 months and left within the contract period, would I still be liable, or the landlord?
    I mean, that commits me as a tenant for the contract length surely? Even if I left.
    It's always made me wary of taking out contracts as a tenant.

    But if you move house you can contact Sky, or Talktalk, or whatever, and tell them you are moving house and the broadband goes with you. Why on earth would the landlord be liable if you decided to leave and not pay it?
  • I think my tenancy agreement states that I must notify the LL of who my utilities supplier is. I'm assuming that this is so that should I leave, the LL knows who to deal with in any resulting void periods. Only a guess though!
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