Just received this through my door. Any advice please??

Labtec81

This was put through my door earlier today but I definitely don't owe anything. Basically the rent is £455 per month with a water charge of £20 per month which all the flats pay for the water charge! The full rent including water charges is and was £475 per month. I've paid £475 every month without fail.

What do you think I should say to them as threatening to take possession of the property because they claim I owe £97.03 is way out of order considering I owe nothing.

Thanks

kasqueak

If you think you don’t owe them anything then just provide them proof you have paid the 475 every month. 

I would speak to them as soon as possible to get this resolved before it escalates further.  

Ditzy_Mitzy

This could be anything from an error on the agent's part to historic arrears that you've forgotten about but have come up in an audit.  It happens.  It may even be something weird like unpaid sewerage charges.  I got into a mess with those years ago after wrongly assuming that I'd received a duplicate water bill!  The only sensible thing to do is ring the agent on Monday morning and ask a few questions.  The landlord commencing forfeiture/re-entry proceedings over £90 odd is unlikely.  Such action would be disproportionate.  Have you got the money handy?  The very worst that could happen is finding out that you actually owe it!  It sounds like you're up to date with the rent and all major costs.  

Labtec81

To be honest I think I know what it is...
Basically my rent is £455 with a £20 water charge so £475 total which I pay every month.

The previous agency that was managing the flats I can only assume they've not paid the full water bill so the new agency is trying to put it on me which isn't happening. I was told I had to pay £20 per month for the water charge which I always do.

So if the previous agency haven't paid the full water bill which seems to be the case they need to chase them instead not me.

There's definitely no historical arrears on my part. I don't get a water bill as the water bill is supposed to be paid by the agency hence the £20 water charge on top of the rent. I've emailed them and the actual landlord now so I'll see what they have to say. I could pay it if I owed it, I just know I don't 👍 I've been renting from them for over 5 years now and this is the only time I've ever received such a thing 🙄

Ditzy_Mitzy

Labtec81 said:

To be honest I think I know what it is...
Basically my rent is £455 with a £20 water charge so £475 total which I pay every month.

The previous agency that was managing the flats I can only assume they've not paid the full water bill so the new agency is trying to put it on me which isn't happening. I was told I had to pay £20 per month for the water charge which I always do.

So if the previous agency haven't paid the full water bill which seems to be the case they need to chase them instead not me.

There's definitely no historical arrears on my part. I don't get a water bill as the water bill is supposed to be paid by the agency hence the £20 water charge on top of the rent. I've emailed them and the actual landlord now so I'll see what they have to say. I could pay it if I owed it, I just know I don't 👍 I've been renting from them for over 5 years now and this is the only time I've ever received such a thing 🙄

Sorry but no, that's not how it works.  If there are recharge clauses in the lease then you, as tenant, are liable for your share.  The fact that the agent has made a mistake and forgotten to charge you in the past does not mean it cannot charge you now.  The error does not transfer liability from you to the agent, nor does it relieve you of the responsibility to pay balancing charges.  

JosephK

Ditzy_Mitzy said:

Labtec81 said:

To be honest I think I know what it is...
Basically my rent is £455 with a £20 water charge so £475 total which I pay every month.

The previous agency that was managing the flats I can only assume they've not paid the full water bill so the new agency is trying to put it on me which isn't happening. I was told I had to pay £20 per month for the water charge which I always do.

So if the previous agency haven't paid the full water bill which seems to be the case they need to chase them instead not me.

There's definitely no historical arrears on my part. I don't get a water bill as the water bill is supposed to be paid by the agency hence the £20 water charge on top of the rent. I've emailed them and the actual landlord now so I'll see what they have to say. I could pay it if I owed it, I just know I don't 👍 I've been renting from them for over 5 years now and this is the only time I've ever received such a thing 🙄

Sorry but no, that's not how it works.  If there are recharge clauses in the lease then you, as tenant, are liable for your share.  The fact that the agent has made a mistake and forgotten to charge you in the past does not mean it cannot charge you now.  The error does not transfer liability from you to the agent, nor does it relieve you of the responsibility to pay balancing charges.  

I read it as OP is saying he did pay water charge to agent but agent has not passed it on to landlord.

greatcrested

I would respond in writing. Send them a letter. You should

1) conform the rent (455 pm)

2) confirm the water charge (20 pm)

3) enclose a copy of your tenancy agreement which confirms 1) & 2) above

4) confirm you've been paying £475 pm, every month)

5) enclose a couple of months of bank statements showing 475 going out

6) deny any arrears and

7) ask the to explain when and how they believe the arrears arose.

Wanderingpomm

They can only evict you if you do actually owe the money. You need more details than they have provided before they can take this any further 

AdrianC

£20/mo on your rent, but £97.03 arrears?

That makes very little sense... Ask them to show their working.

Labtec81

This is what the tenancy agreement says.
And I'm paying £475 per month. Does that actually equate to £109.62 per week? Because £109.62 every 4 weeks is £438.48 but I pay monthly so it's an extra £36.52 to make it up to £475 right??

But anyway as you can see it says on the screenshot I took of the tenancy agreement that it includes the water rates.

bpj

Over the past 5 years there have been ~ 365*5+2 =1827 days (assuming the period covers two leap years), or exactly 261 weeks. Your agreement would have you paying a total of £28610.82.

By paying monthly you have paid 60 lots of £475 which come to £28500. The difference here is £110.82, which technically I suppose you would owe. Whether it's fair to chase such a small proportional debt from up to 5 years ago is another question.

It looks like someone at some point did the simple calculation of £109.62 per week times 52 weeks per year, divided by 12 months per year, which would come to £475.02 per month. Unfortunately there are more than 52 weeks per year (on average about 52.18), so over five years the difference comes to about a week's rent.

I suspect they keep the rent and water rates separate in their system and simply account any money you send against rent first, hence the claim you owe water rates rather than rent. This looks to be somewhat automated, and I suspect if you approach them and explain the £475 pm is as agreed they will at least forgive the past debt, even if they require you to modify your monthly amount going forwards. I make the fairest monthly rate to be ~£476.57.