British Gas Threatening Legal Action - Note The Property Used No Energy From British Gas Whatsoever

Buckbeaky

This is quite a complex issue so forgive what will probably be a long explanation. However, British Gas are now threatening legal action if I don't pay them approx £200.

I was one of two tenants in a property for one year across 2022 and 2023 - everything went through a letting agent rather than directly with the landlord. A few months after moving in I informed the agent about letters we were receiving from British Gas about money owed during our stay, but also covering the last tenants stay. The property had a gas meter, but the boiler was electric as was the hob so no gas was being used. I have it in writing from the agent, that the landlord had informed BG already that they needed to be cut off and they suggested I also contact them which I did. This must've been how BG ended up with my name on the account rather than "The Occupier." - My mistake.

Over a year later and after moving out I did a credit check and found my score was being affected by an outstanding balance with BG which I chased up with them over the phone. In March after explaining the situation to BG, they informed me that they had closed the account.

After realising my credit score had yet to improve I called again in July to find the account was still open. After much negotiation I was able to remove the charges that were attributed to the time before my tenancy began, but BG would not write off the full amount. I was advised that the bill was most likely to be accumulated standing charges and that I should get the landlord to take liability. 

I called the letting agent and was able to talk to an employee I had not met before, but they assured me that they would reach out to the landlord to get the situation resolved so that I did not have to pay anything.

2 months later and now agent is not returning any calls or emails.

Today I received a letter threatening legal action if I don't pay by the 19th September.

Plan at the moment is to contact the agent via phone everyday up to and including Monday to encourage the landlord to contact BG. After that I'm not sure what to do next.

Any help or advice whatsoever would be appreciated, mainly how much do I need to worry about the date in the letter and without a direct line to the landlord how can I get them to stump up the money that I do not believe I'm liable for - especially as I have raised the issue many times over the last year and a half or so and been given assurances.

Many thanks indeed.

TLDR - BG are threatening me with legal action unless I pay an outstanding amount of roughly £200 attributed to an old tenancy of mine. The property did not use any gas at all, I raised the issue during the tenancy and after and was given assurances by the letting agent and British Gas at different points that I was not liable personally for the charges. However here I am with a letter from a legal firm trying to recover the costs from me directly and they've given me a deadline of less than a week. What can I do?

Sarahspangles

To clarify, you’re not being charged for gas allegedly used, it’s for the standing charge? Despite the landlord and yourself both asking BG to be disconnected?

Buckbeaky

Correct. But because I've never been able to communicate with the landlord directly (only through the agent), I can't confirm that the landlord has definitely contacted BG themself.

Buckbeaky

Or that the agent has actually got in touch with the landlord over the issue. I can only take their word for it.

Xbigman

Raise a complaint with British Gas in writing that no gas has been used (due to no Gas appliances) and no Deemed contract was formed with you. Make sure you include the date your tenancy started. Ask that your name be taken off the account and your credit history corrected. If they don't comply within eight weeks take it to the ombudsman. 

Note. Deemed contracts for electricity are treated differently. 



Darren

Keep_pedalling

Xbigman said:

Raise a complaint with British Gas in writing that no gas has been used (due to no Gas appliances) and no Deemed contract was formed with you. Make sure you include the date your tenancy started. Ask that your name be taken off the account and your credit history corrected. If they don't comply within eight weeks take it to the ombudsman. 

Note. Deemed contracts for electricity are treated differently. 



Darren

If there was a gas connection with a meter then there was a deemed contract.

The problem here is the landlord who has landed the OP with the problem because he/she is a cheapskate who a) fitted a very expensive to run electric boiler when gas was available and b) did not pay to have the gas meter removed, you don’t get them removed for free.

Buckbeaky

Xbigman said:

Raise a complaint with British Gas in writing that no gas has been used (due to no Gas appliances) and no Deemed contract was formed with you. Make sure you include the date your tenancy started. Ask that your name be taken off the account and your credit history corrected. If they don't comply within eight weeks take it to the ombudsman. 

Note. Deemed contracts for electricity are treated differently. 



Darren

Cheers for the info Darren. Cold you explain a bit more about Deemed Contracts please and how theyl[\
 are treated regarding electricity?

Gerry1

Keep_pedalling said:

Xbigman said:

Raise a complaint with British Gas in writing that no gas has been used (due to no Gas appliances) and no Deemed contract was formed with you. Make sure you include the date your tenancy started. Ask that your name be taken off the account and your credit history corrected. If they don't comply within eight weeks take it to the ombudsman. 

Note. Deemed contracts for electricity are treated differently. 



Darren

If there was a gas connection with a meter then there was a deemed contract.

That's probably the case with the mystery landlord.

But does a deemed contract apply to the tenant when it was physically impossible for them to use any gas?

Obviously it's different for electricity because there's likely to be some standby consumption the moment the rental begins.

Keep_pedalling

Gerry1 said:

Keep_pedalling said:

Xbigman said:

Raise a complaint with British Gas in writing that no gas has been used (due to no Gas appliances) and no Deemed contract was formed with you. Make sure you include the date your tenancy started. Ask that your name be taken off the account and your credit history corrected. If they don't comply within eight weeks take it to the ombudsman. 

Note. Deemed contracts for electricity are treated differently. 



Darren

If there was a gas connection with a meter then there was a deemed contract.

That's probably the case with the mystery landlord.

But does a deemed contract apply to the tenant when it was physically impossible for them to use any gas?

Obviously it's different for electricity because there's likely to be some standby consumption the moment the rental begins.

This is a highly unusual situation and I don’t really know if they have a get out, morally it should be the landlord paying but legally probably the OP. 

molerat

I would say they did not "take a supply of gas" (Gas Act 1986 Schedule 2B 8(2)(a)) so no deemed contract exists.

That term is further clarified in 9(1) referencing illegal connections and recovering "the value of the gas taken"  when a person "takes a supply of gas".

So "takes a supply of gas" means actually using gas as opposed to having gas made available.

Raise formal complaint and take to ombudsman if they do not drop the bill.

Buckbeaky

I've ha more than one piece of advice to start a complaints process so am definitely going to start with that. Someone raised the point earlier and its making sense that the landlord likely just doesn't want to pay the standing charge or pay for meter removal and has maybe kicked the can down the road for some time until running into me.