Advice please: Letting agency switched electricity supplier when adding person to tenancy mid-term

reheat

On behalf of someone I know.

Late last year, when adding his wife to the tenancy agreement for their rental house, he explicitly told the letting agency to not change any of the utility agreements for the house, because he had already changed - with prior agreement from landlord - to his own chosen, and much better suited, electricity supplier. Throughout all of this he was on a prepayment meter. He was assured by the letting agent that although they used the same form as for the original tenancy agreement, this was just a mid-term change and all that would happen was that his wife would be added to the tenancy.

It was only a while later he got notification the electricity supply was changing back to the agency's original choice of supplier (Spark, then being taken over by SSE), and due to Covid 19 postal delays, he was a just too late to stop it happening. But he managed to switch back to his original supplier again pretty quickly.

Just the other day however, he is being asked by the landlord to pay a sum of £65 being demanded from the landlord by SSE, which we can only assume is an early exit fee. The account is in the landlord's name, and apparently wants to transfer it to the tenant's name instead. And is getting quite bolshie about the tenant paying for this.

Our feeling is that the dispute is really between the landlord and his letting agency, given that:

• The letting agency caused the original problem by switching supplier without permission/knowledge of the tenant.
• The letting agent set up the Spark/SSE account up in the landlord's name.
• The letting agency ultimately operates at the instruction of the landlord.

Thoughts/advice on this please? Are landlords allowed to change a tenant's supplier without their permission or knowledge?

theartfullodger

I wouldn't trust Spark further than I could throw them, & I've a bad back.

Letting agent did the same to my wife's let property: After over-long argument they wiped bill clear & sent her a huge bunch of flowers.


I (a landlord) would never do business with that shower of incompetent clowns:& would advise others to do so also: Others may have alternative views.

MaryNB

theartfullodger said:

I wouldn't trust Spark further than I could throw them, & I've a bad back.

Letting agent did the same to my wife's let property: After over-log argument they wiped bill clear & sent her a huge bunch of flowers.


I (a landlord) would never do business with that shower of incompetent clowns:& would advise others to do so also: Others may have alternative views.

Made the error as a tenant to stick with spark. I did a comparison and they were one of the cheapest. 
What a disaster! My DD was a mess - kept yoyoing. I changed my tariff, they changed the tariff name on my account but kept the old rate. Spotted the error months later. Took numerous calls to get it sorted. 

From then on I wrote very stern emails to any letting agent who tried to switch me to spark on a tenancy renewal. 

OP, has your friend got it all via email (or other form of writing) that he told them not to change the supplier? I'm not sure how they can justify charging your friend  if they explicity told the LA not to change supplier. Sounds like the LA is trying to save face with the LL and pass the fee onto your friend.

reheat

MaryNB said:

OP, has your friend got it all via email (or other form of writing) that he told them not to change the supplier? I'm not sure how they can justify charging your friend  if they explicity told the LA not to change supplier. Sounds like the LA is trying to save face with the LL and pass the fee onto your friend.

Unfortunately no, I don't think they do have it in writing. 

doodling

Hi,

Given that this is a variation to an existing tenancy, not a new tenancy (evidenced by the fact that the tenants remained in occupation throughout) then there is no need to be able to prove that the landlord / agent was requested not to do something, it is for them to prove that the tenant asked them to change their supplier for them.

Ask them for evidence of the request to change supplier.

It should be noted that if the £65 includes costs for standing order / gas / electricity then tenant is liable for those to the landlord but at the costs per day / per kWh they would have paid had they remained with their supplier of choice.

If the landlord told Spark he was responsible for paying for gas/electricity when there were tenants in there, what did he expect?

reheat

doodling said:

It should be noted that if the £65 includes costs for standing order / gas / electricity then tenant is liable for those to the landlord but at the costs per day / per kWh they would have paid had they remained with their supplier of choice.

If the landlord told Spark he was responsible for paying for gas/electricity when there were tenants in there, what did he expect?

There is only electric in the property, and throughout that time it was on a prepayment meter, with no standing orders / direct debits at all. 

I suspect is due to the LA using something called Tili, and maybe someone not very bright driving it, which apparently is some 'wonderful' service that sets all the utilities up. The tenant explicitly asked the LA to not get Tili involved this time, because a) there should have been no need whatsoever to mess with the utilities, and b) Tili made a complete pig's ear of things when he originally took on the tenancy.

So I imagine it was the LA made the choice of who's name to set up the Spark account in. But ultimately the LA is operating on behalf of the LL anyway.

Very interesting point about with whom the burden of proof lies. Is there anywhere official I can refer to with that information?

theartfullodger

Since me dodgy utility companies used to give bungs to landlords and agents for such switches.  Seen them speaking at landlord association meetings.

B+rst+ds, I won't to business with cheats like that.

reheat

theartfullodger said:

Since me dodgy utility companies used to give bungs to landlords and agents for such switches.  Seen them speaking at landlord association meetings.

B+rst+ds, I won't to business with cheats like that.

Thanks. What we strongly suspected. No doubt looking for a back hander every chance they get.

canaldumidi

You say 'the account is in the landlordsname'. Can you confirm

* at the start of the original tenancy did your friend set up an account in his name?

* when he originally changed supplier, was the new account in his ame?

* when his wife was added to the tenancy (or a new tenancy was created in joint ames?), was the electricity acount in his name?

If yes to all, then a) how did the LL authorise the supplier switch? b) what account "was in the LL's name"?

And all the above assumes that the tenancy agreement makes the tenant responsible for electricity charges - they are not included in the rent. Corrct?

davilown

Similar question here - how can the landlord
1. Dictate what utilities you use, and
2. Change them when they’re in your name?

if the landlord has changed them, then phone the company you had the utilities with and tell them you haven’t authorised it.

SpiderLegs

davilown said:

Similar question here - how can the landlord
1. Dictate what utilities you use, and
2. Change them when they’re in your name?

if the landlord has changed them, then phone the company you had the utilities with and tell them you haven’t authorised it.

The account is in the landlords name.

if that’s the case the Tenant had no right to change supplier so no wonder they have been asked to pay this bill.