Estate Agents - Bill

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warnerj

Original Poster:

81 posts

167 months

Tuesday 20th March 2018
quotequote all
Afternoon all,

Looking for some advice.

Me and my ex partner rented a flat via an estate agents over 2 years ago on a 1 year lease.

Last week I have been contacted by the estate agents stating we owe £250 for a "hot water" heating bill while we lived in the property. The contract we signed had no mention of this bill and the invoices they have sent for us to pay are in the landlords name. The dates on the bills are 01/01/2016 and the estate agent has asked us to make payment directly to the company.

Cut a long story short I moved out after 6 months and when the ex moved out they would only give her the deposit back if she agreed to pay up to £250 for future bills.

The question being are we liable for these bills? They are not in our names so I can't see how this is our problem if it isn't mentioned in the contract. They are also over two years late.

Cheers



RC1807

12,551 posts

169 months

Tuesday 20th March 2018
quotequote all
Is there a statute of limitation on this?

I'd think after >2 years, they can bugger off?

Zetec-S

5,890 posts

94 months

Tuesday 20th March 2018
quotequote all
IANAL...

... but I'd tell them to bugger off. Or stick it back in the envelope and return to sender. They already screwed you out of £250 from the deposit, so don't give them any more!

Countdown

39,973 posts

197 months

Tuesday 20th March 2018
quotequote all
Was it not clarified at the time who would be paying the bills?

Normally it's the tenant, either directly or it's included in the Service Charge, but (IME) it's always explained who is paying at the start of the tenancy.

When did you other half move out? Chances are she's only moved out recently and so the agents have provided up to date readings to the Utility provider which is why they're chasing payment.

ETA if you started renting it 2 years ago that would have been roughly March 2016. If the bill is dated January 2016 then I'm not sure how you can be liable.

Edited by Countdown on Tuesday 20th March 15:42

anonymous-user

55 months

Tuesday 20th March 2018
quotequote all
It's interesting that the bills are not in the OP's name.

OP - was your rent inclusive of these bills in your tenancy agreement?

Countdown

39,973 posts

197 months

Tuesday 20th March 2018
quotequote all
Zetec-S said:
IANAL...

... but I'd tell them to bugger off. Or stick it back in the envelope and return to sender. They already screwed you out of £250 from the deposit, so don't give them any more!
AIUI they're taking the £250 from the balance of the deposit. It's not an additional £250.

Countdown

39,973 posts

197 months

Tuesday 20th March 2018
quotequote all
garyhun said:
It's interesting that the bills are not in the OP's name.
Doesn't matter.

https://www.citizensadvice.org.uk/nireland/consume...

anonymous-user

55 months

Tuesday 20th March 2018
quotequote all
Countdown said:
garyhun said:
It's interesting that the bills are not in the OP's name.
Doesn't matter.

https://www.citizensadvice.org.uk/nireland/consume...
You've jumped the gun me ole mucker. My point is that it has been known for landlords to keep the utilities in their name so as to 'hide' the fact that they are renting out a property. Might be due to mortgage conditions or tax avoidance. Just saying.


Countdown

39,973 posts

197 months

Tuesday 20th March 2018
quotequote all
garyhun said:
You've jumped the gun me ole mucker. My point is that it has been known for landlords to keep the utilities in their name so as to 'hide' the fact that they are renting out a property. Might be due to mortgage conditions or tax avoidance. Just saying.
Ah ok - New one on me but fair enough smile

How would that work in practice?

If the property "isn't being rented out" there shouldn't be any gas/electric costs on the bill (apart from maybe a standing charge. So if Mr Dodgy shows HMRC the bills then surely they'd ask who was running up the bills

if they're hiding the property from HMRC then it doesn't matter whose names the bills are in as HMRC will never see them. The tenants dont need the bills to prove they've been renting, they've got the tenancy Agreement and hopefully receipts from the Letting Agent.

Apologies for going O/T

warnerj

Original Poster:

81 posts

167 months

Tuesday 20th March 2018
quotequote all
Thanks all for the replies.

The ex moved out in December 16.

This is the clause of the contract:

(3.2) To pay promptly to the authorities to whom they are due, council tax, water and sewerage charges, gas, electric and
telephone (if any) relating to the Property, where they are incurred during the period of the Agreement, including any which
are imposed after the date of this Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee
relating to the supply of water, gas, electricity and telephone if the same is disconnected.

It doesn't mention the heating of the water. It also doesn't mention the service charge on the building that we were not liable for.

After looking at citizens advice its looks like I will be liable for the heating bill though.........

schmunk

4,399 posts

126 months

Tuesday 20th March 2018
quotequote all
warnerj said:
Thanks all for the replies.

The ex moved out in December 16.

This is the clause of the contract:

(3.2) To pay promptly to the authorities to whom they are due, council tax, water and sewerage charges, gas, electric and
telephone (if any) relating to the Property, where they are incurred during the period of the Agreement, including any which
are imposed after the date of this Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee
relating to the supply of water, gas, electricity and telephone if the same is disconnected.

It doesn't mention the heating of the water. It also doesn't mention the service charge on the building that we were not liable for.

After looking at citizens advice its looks like I will be liable for the heating bill though.........
How was the water heated? Perhaps using gas or electricity?

anonymous-user

55 months

Tuesday 20th March 2018
quotequote all
warnerj said:
Thanks all for the replies.

The ex moved out in December 16.

This is the clause of the contract:

(3.2) To pay promptly to the authorities to whom they are due, council tax, water and sewerage charges, gas, electric and
telephone (if any) relating to the Property, where they are incurred during the period of the Agreement, including any which
are imposed after the date of this Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee
relating to the supply of water, gas, electricity and telephone if the same is disconnected.

It doesn't mention the heating of the water. It also doesn't mention the service charge on the building that we were not liable for.

After looking at citizens advice its looks like I will be liable for the heating bill though.........
Service charges are normally paid by the landlord.

anonymous-user

55 months

Tuesday 20th March 2018
quotequote all
Countdown said:
garyhun said:
You've jumped the gun me ole mucker. My point is that it has been known for landlords to keep the utilities in their name so as to 'hide' the fact that they are renting out a property. Might be due to mortgage conditions or tax avoidance. Just saying.
Ah ok - New one on me but fair enough smile

How would that work in practice?

If the property "isn't being rented out" there shouldn't be any gas/electric costs on the bill (apart from maybe a standing charge. So if Mr Dodgy shows HMRC the bills then surely they'd ask who was running up the bills

if they're hiding the property from HMRC then it doesn't matter whose names the bills are in as HMRC will never see them. The tenants dont need the bills to prove they've been renting, they've got the tenancy Agreement and hopefully receipts from the Letting Agent.

Apologies for going O/T
I think it's more a case of not wanting any proof that the property was let out. So they keep all the utilities in their name and it looks like they still live there. That may be the requirement of the mortgage they have. As soon as the bill is in someone else's name then there is a paper trail. That's about all I can remember.

PugwasHDJ80

7,529 posts

222 months

Tuesday 20th March 2018
quotequote all
I'd be wanting to know which company came out on New years day to repair the boiler- would have to be an emergency call out job, in which case £250 seems cheap.


Countdown

39,973 posts

197 months

Tuesday 20th March 2018
quotequote all
garyhun said:
Service charges are normally paid by the landlord.
I stand to be corrected but IME it's always paid by the Tenant, either as a separate charge or built into the rent.

anonymous-user

55 months

Tuesday 20th March 2018
quotequote all
Countdown said:
garyhun said:
Service charges are normally paid by the landlord.
I stand to be corrected but IME it's always paid by the Tenant, either as a separate charge or built into the rent.
Not my experience but happy to be corrected.

warnerj

Original Poster:

81 posts

167 months

Tuesday 20th March 2018
quotequote all
https://www.myg-utilities.com/residential/your-bil... - that's the company we have to pay for "Heat".

I don't mind paying the bill, just seems a bit of a con that they are chasing the bill 2 years after it's due date and there has been no mention of it previously.

Countdown

39,973 posts

197 months

Tuesday 20th March 2018
quotequote all
garyhun said:
Countdown said:
garyhun said:
Service charges are normally paid by the landlord.
I stand to be corrected but IME it's always paid by the Tenant, either as a separate charge or built into the rent.
Not my experience but happy to be corrected.
So how (or why) would the LL pay for costs such as communal heating/lighting/maintenance and major repairs out of his own pocket?

anonymous-user

55 months

Tuesday 20th March 2018
quotequote all
Countdown said:
garyhun said:
Countdown said:
garyhun said:
Service charges are normally paid by the landlord.
I stand to be corrected but IME it's always paid by the Tenant, either as a separate charge or built into the rent.
Not my experience but happy to be corrected.
So how (or why) would the LL pay for costs such as communal heating/lighting/maintenance and major repairs out of his own pocket?
Why would building maintenance and major repairs be the responsibility of the tenant? If you rent a freehold it's still the LL's responsibility to fix the property.

superlightr

12,856 posts

264 months

Tuesday 20th March 2018
quotequote all
Countdown said:
garyhun said:
Countdown said:
garyhun said:
Service charges are normally paid by the landlord.
I stand to be corrected but IME it's always paid by the Tenant, either as a separate charge or built into the rent.
Not my experience but happy to be corrected.
So how (or why) would the LL pay for costs such as communal heating/lighting/maintenance and major repairs out of his own pocket?
Service charge is in the name of the Leaseholder not the Tenant. It is (from my experience of being a Letting Agent and managing agent for blocks of flats) always the Landlords (Leaseholder) responsibility to pay the ground rent and service charges as that's a charge relating to owning the property not the use. His lease will confirm he is responsible.

The tenant is normally responsible for all utility bills ie gas/elec/water/council tax. His tenancy agreement will confirm the same (or not)

the terminology can confuse if not familiar with it.