Gas Provider Insist Landlord Is Responsible For Tenants Bills

[jackieandwayne]

Here's a pickle I could do with some thoughts on! 2 scenarios!

 

I manage a patch of properties for an RSL. Our tenancy agreement states that tenants are responsible for all usual outgoings ie., gas, water electric, phone.

 

Recently a tenant abandoned a property and had bypassed the electric meter - I discovered it and immediately called the revenue guys in. Their response, on hearing the property had been abandoned (I gave them all the info I had) was to completely remove the meter there and then and refuse to fit another until the stolen electricity had been paid for by my employers! This had to be paid otherwise it couldn't be let. This took 13 weeks of batting about before we caved in and had to pay.

 

Another tenant has been sentenced to prison. We found that the gas meter had been removed entirely due to his non-payment. No supplier of gas will fit a meter for us until WE pay the debt - even though we can confirm where this tenant is. We can't let the property and are suffering rent loss, and in this case, a cold block of flats, there is now damp, condensation and all the resulting damage from that. To resolve this they expect us to pay again for another persons debt.

 

I think, and stand to be corrected, that they are out of order - we had no contract with them, any contract was between them and our tenant. They chose to provide the supply to the tenants without speaking to us about it (why would they need to speak to us anyway?!). I also suspect we may be entitled to a refund if we talk to Energy Watch or the Ombudsman, as well as compensation for rent loss and repairs.

 

Any idea anyone? Am I right (or getting warm)and if so where do we start?!

 

Thanks.

[Clare_L]

I would say that if you have tenancy agreements to show who was responsible for the use of gas/electric then they wouldnt have a leg to stand on.

[darke]

What clare says is right to a degree, if you can prove there is a new tennant at the property, by either proof of sale, lease agreement or solicitors letter (with full law society number on letter headed paper) then the company was no choice but to fit a new supply as the previous debt was not yours. however they can ask for a security deposit for the supply on the grounds that they need some kind of risk mittigation if the next tennant does not pay but, dependant on the company, this will be refunded after 1 year or at the end of the tennancy period providing the bills are paid up to date. this is usually decided on the history of the premise, and the calcualtion of 9 months consumption (on the basis that this is the longest amount of time the company would need to go through to disconection again if your new tennant decided not to pay)

 

This security deposit, and any charges relted to getting a new meter fitted if applied, would need to be paid before the new supply would be fitted.

 

With regards to any compensation, you (and on saying that i mean your company ) would not be entitled to any compensation as you would have to prove that any damage to the property, loss of revenue was soley due to the loss of supply, at the precise time that the supply was disconected (as you would probably guess i have dealt with this a number of times myself and have never seen any compensation paid for loss of revenue, as it was the supliers loss of revenue that promted the action in the first place), and the disconection alone would not prove this as the suppier did have rights under the electrcity and gas act and the health and safter acts with regards to the meter that had been tampered with (to ensure saftey and no danger to human life that cannot be done after the meter is tampered with and the seals have been broken) to remove the supplies until satisfactory evidence can be provided (by any of the means i have listed above) that a new tenannt is at the property. however if you have paid any monies for your tennants bill the supplier in question may agree to a refund. It would depend on whether they saw it as you making a payment on behalf of the tennat and if this is the case they would be fully within their rights to advise you to seek restoration form the tennant as a third party issue that they would not get involved with.