We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Switched to "deemed rates" - legality?

jez9999
jez9999 Posts: 75 Forumite
Eighth Anniversary 10 Posts Name Dropper
I am the landlord for a commercial property.  The existing tenant moved out and informed the electricity/gas company that he was moving out, and presumably gave them my name.  4 months later, the first communication I received from them was to tell me that I owed them a very large sum of money based on meter readings.  Now, some electricity and gas have been used at the property, but the rates are unbelievable - a £4/day standing charge, 85p/kWh for electricity, etc.  How legal is this?  I know that "deemed rates" are a thing, but I had no communication from them until after they had decided I owed them a large sum of money.  I am pretty close to selling the property too.  What happens if I fail to pay?

Comments

  • Mobtr
    Mobtr Posts: 672 Forumite
    500 Posts Second Anniversary Name Dropper
    Did you not contact the energy supplier when your tenant moved out? Surely as the landlord you should have taken reads & contacted them to say you’d taken back responsibility. If you don’t pay I would imagine they would pass your details to a debt collection agency as they would with a domestic supply 
  • MWT
    MWT Posts: 10,815 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    jez9999 said:
    ...4 months later, the first communication I received from them was to tell me that I owed them a very large sum of money based on meter readings.  Now, some electricity and gas have been used at the property, but the rates are unbelievable - a £4/day standing charge, 85p/kWh for electricity, etc.  How legal is this?
    Entirely legal, as the owner/occupier of the business premises the obligation is on you to contact the supplier and agree a new contract if you do not wish to remain on the deemed rates.
    If you fail to pay then they will pursue you for the debt as they are legally entitled to do ...

  • Keep_pedalling
    Keep_pedalling Posts: 22,605 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Those are business not residential rates.
  • MWT
    MWT Posts: 10,815 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Those are business not residential rates.
    Correct, as per the post...
    jez9999 said:
    I am the landlord for a commercial property. 



  • The_Fat_Controller
    The_Fat_Controller Posts: 2,006 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 2 May 2022 at 1:31PM
    Did the tenant pay their final bill and was that based on the readings that the both of you took and agreed were correct on the date they moved out ?

    That was a joint responsibility.

    You cannot get out of the charges since the lease ended.
  • jez9999
    jez9999 Posts: 75 Forumite
    Eighth Anniversary 10 Posts Name Dropper
    My big issue with it is that they apparently have no obligation to contact you for months before charging you these rates.  We assumed that the rates would stay roughly the same, and certainly would not be 10 times the normal cost.  They can charge you this for over a quarter of a year before so much as sending you a letter.  How hard would it be for them to communicate a little quicker than that?
  • Mstty
    Mstty Posts: 4,209 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 7 May 2022 at 9:18AM
    It's your responsibility to contact them when the commercial space is vacated to be honest not for them to reach out to you.

    Quarterly billing isn't even that long a time to wait.

    You can't compare commercial to residential rates sadly so wipe this from your mind.

    Lesson learnt I guess.
  • There should have not been any "presumably gave them my name", you should have been on top of the situation and taken positive control of the contract and ascertained what you were committed to.

    Never assume anything !
  • QrizB
    QrizB Posts: 21,904 Forumite
    10,000 Posts Fourth Anniversary Photogenic Name Dropper
    jez9999 said:
    My big issue with it is that they apparently have no obligation to contact you for months before charging you these rates.  We assumed that the rates would stay roughly the same, and certainly would not be 10 times the normal cost.  They can charge you this for over a quarter of a year before so much as sending you a letter.  How hard would it be for them to communicate a little quicker than that?
    You're thinking like a domestic consumer.
    You're a business, you're meant to keep on top of your admin.
    N. Hampshire, he/him. Octopus Intelligent Go elec & Tracker gas / Vodafone BB / iD mobile. Kirk Hill Co-op member.
    2.72kWp PV facing SSW installed Jan 2012. 11 x 247w panels, 3.6kw inverter. 35 MWh generated, long-term average 2.6 Os.
    Ofgem cap table, Ofgem cap explainer. Economy 7 cap explainer. Gas vs E7 vs peak elec heating costs, Best kettle!
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.2K Spending & Discounts
  • 247K Work, Benefits & Business
  • 603.6K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.