Thames Water and Alleged Liability

[Expat0701]

Dear All and Anyone,

I have not been living in the UK since September 2001 when we let our house there to one tenant for five years (no issues) and then another from 2007 until we obtained a repossession order this year arising from 14 months’ rent arrears. The property was (not very well) managed by a reputable, nationally known agency. After the tenant departed, a neighbour collected mail from the house as it was on the market to be sold. One letter, addressed to me personally at the UK address was from Thames Water claiming an amount in excess of GBP 100 in respect of services supplied to our property based on an agreement dated September 2010. This is the first that I have heard of this debt - my tenant presumably having ignored any previous mails addressed to me. Two issues: I was never in the UK in 2010 or any year since and, according to Thames Water, no monies have been paid on this account since it was "opened". They have now threatened summary judgment if not paid, despite several very polite letters from me, rather like this one, explaining the circumstances. Most important, is there no prescription of debts in the UK. I am not trying to cheat anyone out of money legally due by me but seven and a half years seems a bit late to start collecting a debt on a contract that I did not sign. Any advice will be welcome.

[letsgetitsorted]

i had a similar experience with southern water, my tenants did`nt pay the water, in the end i had to show that i was not leaving there and the property. i gave the names of the tenants when they moved in and also showed evidence of my living else where...so far i have heard nothing more, that was 4 months ago....might be worth you giving them the tenant details and proof you where living elsewhere.

[nohope]

So long as on the tenancy agreement it states all utility bills are to be paid by tenants and you have a copy that's signed by you and them then your covered.

 

Just had this with a friend and he sent them a copy along with the full names of the people that signed and they have left him alone and going after the ex tenants.

[kjun]

Just to clarify was the property tenanted for the billing period they are charging you for?

 

If yes the Water Industry Act 1991 (s) 142-144 states that an occupier is liable for the water service charges.

 

If you didn't live there and can provide Thames Water evidence in the form of the tenancy or that you were living elsewhere (or in an ideal world both) then the water company should not pursue this further as court action will fail if it ever got that far due to you not being the occupier.

 

If the property was empty and served by a water meter then you would be liable for any usage and standing charges as owner of the premises and this would likely be included in Thames Water charges schemes which are also raised pursuant to the same act and payable by statute (no contract required).