Scottish Power broke in and installed meters for a previous tenant.

sarahjane99

I'll try to keep this short.  Tenant was given time to run up £5k+ in gas and electricity bills over several years.  She eventually left (without paying final month's rent and leaving the house in a total trash, but that's another story).  We eventually got up there and my husband was trying to sort the place out - the mess was unbelieveable.  He hadn't had time due to all this to start sieving through the mail.  BUT a guy comes along - he's an 'agent' for Scottish Power and tells hubby about this enormous debt and they have been brought in to take action and instal meters.  He was just there on that day to deliver a note to that effect.  Hubby tells him what has happened and she's moved and he's trying to sort it out.  The guy says don't worry - I'll let them know; I'll update the system etc etc.  Hubby continues on feeling reassured.  
A few days later (sorry - can't quite remember the timeline, but 10 days or so perhaps) they break in and instal meters.  Not noticing (somehow) that the house is empty and obviously unoccupied and being worked on.  
We have argued, and argued with them saying that they can't get somebody to come round and hand us a letter stating they are acting "on behalf of Scottish Power" if they then say that whatever we told them is irrelevant as they cannot speak for us.  Though, in a later email they have said there were "shortcomings" in communication between them and their agents.  
So, my question is - did they really have the right to drill out the locks despite us having engaged in conversation with their agent and him having seen the empty property and reassured us not to worry.  I just wish he had said to my husband at the time - call them straight away and let them know she's gone, because the fact that youve told me will be neither hear nor there.  We now have meters in the place that we'd rather not have had.

dogshome

Though not specified, I assume that SP changed what were Credit meters to, PAYGO meters.

Can understand the hassle of sorting a trashed rental, but in hindsight informing the energy supplier of the change in occupant should have been the very first move.

However, to get this sorted you need to WRITE a letter headed Complaint listing the time line and conversations, pointing out that you as the Landlord are now responsible for paying high rates for the flat's energy, and with PAYGO meters the flat is a less attractive proposition for any future tenants

tacpot12

If someone is an agent of someone else, they only have certain authorities granted to them. Without seeing the authority given to the agent it is difficult to say whether the agent could "speak for Scottish Power". I very much doubt that the agent was give this authority though - it would be highly unusual to appoint an agent that could bind the donor in any way. The agent may well have communicated the conversation with your husband, but Scottish Power still decided to go ahead with the installing the meters. I don't think the damage caused to the locks was reasonable; the agent could be liable if they did not communicate that the landlords had taken the flat over and that access could be arranged easily via yourselves.

I would ask Scottish Power for the name and address of their agent, and ask the Agent for their proof that they told Scottish Power that the landlords were now in possession of the property. Without this proof, I would say that they are liable for the cost of the locks as they knew that Scottish Power would force entry if they did not communicate this. If Scottish Power won't tell you the name & address of their agent, sue them for the cost of the locks.

Your next issue is how to get the meters removed. I assume they are prepayment meters, and this is why you don't want them. You can ask Scottish Power to remove them, or you can switch supplier and ask the new supplier to remove them. This link provides some useful information: https://www.uswitch.com/gas-electricity/guides/prepayment-meter-change-credit-meter

Carrot007

Did you give this "agent" proof you were the landlord. As without I would indeed expect him to do nothing becuase another non paying customer is making stuff up when we try to come and do our job.

If you registered yourself as the new people responsible for the utilities and provided them your billing address then this is unnaceptable behaviout but sometimes when things are set in motion beetween many departments  mistakes can happen.

If you are not registerd for the utilities in un-tenanted periods as many dodgy landlords to try to do then you really cannot blame them as as far as they are concerned the tenant is still there and responsible for the bills. Even calling them att he point the guy came around was a no brainer.

Yes mistakes were made but if you only spoke to the money and not the organ griinder then yours was the greatest and the best result you can hope for is the meter changed back for free and maybe £30. Hopefully you took readings (prefereably with photos) when you became responsible for the supply so can proove what part of that you are responsible for and not cause any further issues.

Yes it's a pain but thats what you signed up for when becoming a landlord. (You hope it does not happen but plan for when it does).

macman

They didn't 'break in'. The would have obtained a legal warrant of entry.

sarahjane99

Actually, no - they left a letter saying that it was an 'intent to apply for one' - they never provided us with an actual warrant.

Hasbeen

sarahjane99 said:

Actually, no - they left a letter saying that it was an 'intent to apply for one' - they never provided us with an actual warrant.

If they have a warrant and the property is unoccupied then they have the power to enter.

But if the property was re registered in your name, when the tenant moved out then surprised that they were able to get a warrant in your names so quickly for a debt that was in someone else's name?

rp1974

Did anybody start sieving through the mail?,what else might be lurking there?.Can understand why your aggrieved,could have been avoided with a phone call at the time though.How long was it between them intending to apply for a warrant before they "broke in"?.Definitely something amiss,I'd at least ask them to fit meters of your required type.Not that simple,especially as Scottish Power are involved only thing that might provide more information would be starting a complaint,if you haven't already done so.

welshmoneylover

No one broke in, they had a right of entry based on a legal warrant. 

Ideally, you should have notified the energy supplier the day you took back the property and gave meter readings. The old account would have been closed down with a new one in your favour. The tenant would then be chased for the debt. 

Unfortunately, the onus is on you to have made the initial contact with the supplier.

macman

As above. You had 10 days to contact SP and terminate the old account before they installed the PPM's, but failed to act. 
If someone left owing a month's rent, I think they first thing I'd do would be to check the post to see if it offered any clues to a forwarding address for sending her an LBA.

ElephantBoy57

sarahjane99 said:

A few days later (sorry - can't quite remember the timeline, but 10 days or so perhaps) they break in and instal meters.

Is there damage to the property?

Perhaps after your experience with the previous tenant, credit metres could be a good option?

Compared to the money owed by the previous tenant, it may be cheap/simple(*£200) to change to smart metres when you are ready.