Unpaid shared gas account.

_Penny_Dreadful

Timislov said:

I have the rental contract for my flat which states that the gas bill is shared between the two flats.

Could you please quote the exact wording of the clause?

Albermarle

marcia_ said:

Timislov said:

It was a condition of the rental that the gas account is shared.
When I queried this the landlord told me that if there were any problems, he would sort them out his self. He now denies this.
I have no proof of what he said.

 So not in your tenancy agreement? Which means you cannot hold the landlord responsible. 

Legally you are correct, but that does not stop them trying to help.

Grumpy_chap

Timislov said:

There cannot be separate accounts because there is low gas pressure, so one meter has to cover the two flats.
The same applies to the two downstairs flats as well, they share one account.

That does not make sense.  The gas pressure is the same whether the pipe splits before or after the meter.
It sounds like a dodgy division of two properties into four.

BikingBud

Grumpy_chap said:

Timislov said:

There cannot be separate accounts because there is low gas pressure, so one meter has to cover the two flats.
The same applies to the two downstairs flats as well, they share one account.

That does not make sense.  The gas pressure is the same whether the pipe splits before or after the meter.
It sounds like a dodgy division of two properties into four.

Yup

Claims of low gas pressure 

I trust the LL furnished you with a Gas Safety Certificate as this would have provided any indication of pressure limitations. 

If not provided they are likely in breach of their legal obligations.

There may be other areas where they are not meeting their legal obligations see:

https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants/p1

See also:
https://www.hse.gov.uk/gas/landlords/
https://www.hse.gov.uk/pubns/indg285.pdf

penners324

What else has the landlord done against the regulations?

iza_belle1

Did you pay separate council tax or split this as well? Sounds a bit fishy

deannagone

It sounds like some serious thinking about where you live in the future needs to be done.  You need a separate meter for your flat but not sure the LL will do this.  As others have said, it sounds a bit dodgy.  Otherwise there is a risk this could happen again.

NameUnavailable

Sounds very dodgy!

Didn't the LL take a deposit from this other tenant? Can't they reimburse you out of that? In fact you might be able to argue that the LL is responsible as it is their tenant and you have no link to this other party, although if your names are on the account then the gas co are going to be going after you for the payment.

I'd start making noises about speaking to the council etc., which might change the LL's attitude!

macman

You are jointly and severally liable for the entire bill, as is the other party. But, with him gone AWOL, they will pursue you for the full amount.
It is then up to you to pursue the LL for the other half share if you can prove that this absurd arrangement was in place. Though I suspect your chances of success are precisely zero. If the LL has failed to supply you with a valid GSC, this could possibly be used as an 'incentive' for him to pay up. It is a serious offence. Or he might just send you an S21.

Bboy

Hello all,

Thank you for the replies and apologies for the delay in answering, I have been ill.

I have been working on this reply, I would be grateful for any comments or advice.

Here are the relevant clauses from the rental contract;

The property is defined as Flat 2,  ........

2.1 Payments of Rent, Services and Other Liabilities

The relevant section is 2.1.3

2.1.3 Pay all relevant suppliers, all charges in respect of any electricity, gas or water (including sewerage) services used at or supplied to the property during the tenancy and pay all charges to the provider for the use of any telephone, satellite, cable or broadband services at the property during the tenancy.

Comment;

It is clear that this section does not link the defined property, Flat 2, with any other property in the building, not flat 1 nor flat 3 nor flat 4.

This section does not show that any liability whatsoever falls on the tenant of the defined property should any default occur by any other tenant.

It should be made absolutely and unambiguously clear, that in the event of any other tenant committing a default of any kind, the tenant in flat 2 will be expected to clear the debt at his own expense, despite having no say as to the selection, identity, reliability, credit worthiness and financial state of the defaulting tenant.

If any such liability exists, it should be clearly stated here. It is not, so it does not exist.

I am willing to pay all relevant charges concerning the defined property; that is according to contract, Flat 2 at the above address.

Regarding the gas supply. There is no gas supply to Flat 2. The gas goes to a hot water boiler, which is situated in the rear garage. This then supplies hot water to flat 1 and flat 2.

Despite repeated requests, the landlord has refused many times permission to view the boiler and see the settings thereon and whether the hot water split is equitable between flat 1 and flat 2. So the landlord has effectively removed control of the hot water system from the tenants and therefore much of the gas usage.

Additional;

The tenant of flat 1, since leaving, has received several letters from a debt collection agency, shown by a reverse address search to be Lowell Portfolio 1 Ltd. The letters remain unopened.

Does this not suggest that any search or vetting by the letting agency was inadequate, (granted, we do not know when, or if, these debts were incurred).