Unpaid shared gas account.

marcia_

Bboy said:

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).

 I am confused, easily done, but do you have two accounts? 

Bboy

Hello,

No, I only have one account.
I live in flat 2.
The missing tenant used to be in flat 1.

Also, regarding 2.1.3
...gas or water (including sewerage) services used at or supplied to the property 

It occurs to me that only 50% of the services were used at and supplied to the property in the contract, flat 2.

marcia_

  Regardless of what your tenancy says you opened a joint account with the utility company with the resident in flat 1? 

Bboy

I was forced to.
This was not mentioned until very late in the proceedings, and I was on the point of walking away, when the landlord gave me his verbal assurance that if there were any problems, that he would pay the balance on the bills. With this assurance, I signed the contract.
He now denies this.

_Penny_Dreadful

Bboy said:

Hello,

No, I only have one account.
I live in flat 2.
The missing tenant used to be in flat 1.

Also, regarding 2.1.3
...gas or water (including sewerage) services used at or supplied to the property 

It occurs to me that only 50% of the services were used at and supplied to the property in the contract, flat 2.

I think the confusion stems from the thread being started by @Timislov. 

Really your landlord should have the gas account in his name and split the bill between the two flats but he hasn’t. How is your property heated if gas is only for hot water, electricity? If the gas is for hot water only then how on Earth is the bill £900 even taking into account it’s for two flats. 

The bill is in joint names, you each have joint and several liability to pay the bill, OVO doesn’t care which one of you does. In this situation I would probably pay the bill and then file a money claim online to try and recover the money from your former neighbour. Use the last known address on the claim. 

As this is a shared account and one party has left the building is the £900 bill a final bill? If not I’d be tempted to request a final bill and have a new account set up in the landlord’s name so that you can pay for the gas as per your tenancy agreement.  

Bboy

Hello,

Final update.

I feel that I have been very lucky here.

OVO have agreed to end the old gas account and start a new one from the date my ex neighbour left. They have also agreed to take my name off the balance owing if I pay my half, which I will.
They will set up a payment plan for my ex neighbour.

As I said, lucky. 

My thanks to all who replied and gave their advice.

Thanks all,