Utility Bill for Empty Period

Flyingknight73

Hi, I’m a landlord with a flat I rent out in west London. I use a managing agent to manage the property, collect rent, sort ASTs and inventories etc.

Earlier this year I raised the rent from 1800 to 2200 pcm and my tenants decided to leave. The property was then empty from 13th July until 20th October whilst the agent found new tenants.

When the tenants left an inventory report was done by the managing agent with meter readings and the tenants paid the outstanding gas and electricity bill.

However, they left the thermostat at 35 degrees, and the inventory clerk/agent failed to notice, meaning the heating has been on 24/7 for more than three months. The managing agent has now sent me forwarded bills for the unoccupied period for almost £2000!!

As the property was empty the agent is saying I am liable. The new tenant says this is from before their time, which I understand, but I also contacted the previous tenants who said they paid up to the ‘independently documented’ meter reading when they left and refuse to take responsibility.

Surely this should have been picked up by the agent / inventory clerk?

Do I have any recourse against the agent or previous tenant?

user1977

Only against the previous tenant for usage actually within the period of their tenancy. Sounds like your agent is at fault for not turning things down/off.

Flyingknight73

The tenants left in the middle of summer so I’m pretty sure they left the heating on full power out of spite, isn’t there any way I can hold them accountable for this?
the agent has already pushed back responsibility 

jonnydeppiwish!

did did you check the thermostat? If not, why not? Your responsibility to ensure that it is checked, as with the meter readings. 

Suddenly that 20% rise in rent has been lost because you didn’t manage your property.
Lesson learnt for next time I think.

user1977

Flyingknight73 said:

The tenants left in the middle of summer so I’m pretty sure they left the heating on full power out of spite, isn’t there any way I can hold them accountable for this?

No, it's up to you or you agent to check what's been left on.

Flyingknight73

I live overseas for work which is why I pay an agent to manage it. 

Yes I can see the irony / ‘karma’ here after raising the rent, but I don’t see why I should be left footing a 2k bill. 

Any advice on how I can pursue the previous tenant for this amount?

warwick2001

Flyingknight73 said:

I live overseas for work which is why I pay an agent to manage it. 

Yes I can see the irony / ‘karma’ here after raising the rent, but I don’t see why I should be left footing a 2k bill. 

Any advice on how I can pursue the previous tenant for this amount?

As others have said, it is highly unlikely you can pursue the previous tenant for any monies you think they owe. It is absolutely your responsibility, once the tenants moved out, to manage the property (which in your case you have decided to employ a managing agent). That includes the operation and settings of the thermostat. You might want to ask your managing agent why, when they went into the property to check its condition once the tenants had moved out, why the heck it was so hot in there??

You 'might' have a chance of pursuing the agents managing your property, but the previous tenants? Not a chance. 

housebuyer143

Flyingknight73 said:

The tenants left in the middle of summer so I’m pretty sure they left the heating on full power out of spite, isn’t there any way I can hold them accountable for this?
the agent has already pushed back responsibility 

They probably did. I suggested my sister do the same thing to her landlord who increased her rent after she has been so accommodating this year to all his crazy requests. It was a half joke but clearly others think the same.

It's your bill. You need to pay it or take it up with the agent who didn't check that it was all shut down.

jonnydeppiwish!

Flyingknight73 said:

I live overseas for work which is why I pay an agent to manage it. 

Yes I can see the irony / ‘karma’ here after raising the rent, but I don’t see why I should be left footing a 2k bill. 

Any advice on how I can pursue the previous tenant for this amount?

You can’t - it’s your bill, you own it, the tenants paid their bill when they left.

TheJP

Flyingknight73 said:

I live overseas for work which is why I pay an agent to manage it. 

Yes I can see the irony / ‘karma’ here after raising the rent, but I don’t see why I should be left footing a 2k bill. 

Any advice on how I can pursue the previous tenant for this amount?

You would have to prove they firstly turned the thermostat up and that they did it intentionally but again even if you did you would likely struggle to reclaim anything.

I would turn your efforts to the letting agent and ask what are you actually paying for if they aren't managing the property properly.

eddddy

Flyingknight73 said:

Any advice on how I can pursue the previous tenant for this amount?

I doubt that they breached any term in the AST. So the only possible legal route would be claiming from the tenant for negligence.

But I suspect that the tenant will say that you (or your agent) were negligent for not making sure that everything was switched off.

TBH, I think I'd expect an agent to check over the property before leaving - close the windows, turn off lights, turn off appliances, turn off heating (or leave on frost setting). 



If you really want to persue this, I think you'd have more chance by claiming from the letting agent.

• Do you trade (rent the property out) as an individual person? (i.e. not through a company.) If so, the law treats you as a consumer in your contract with the letting agent. 

• Consumer protection laws add an implied term to the agent's contract that the agent must carry out their service with “reasonable care and skill”

• You could try claiming damages from the agent for breach of contract - i.e. failing to carry out their service with “reasonable care and skill”

Alternatively, you could try claiming damages from the agent on the basis that they were negligent.

If the letting agent is a member of the Property Ombudsman Scheme, you could try complaining to them.



I'm sure the agent would push back very hard, and a fight over this would probably spoil your business relationship with them, and you might not win - but it's up to you.