Landlord 'illegally' set up water board account in my name

[cakebird]

Hi,

I need some advice. I have been a tenant in my current commercial property since 2012. When we moved in it was on a rent basis and utilities were extra.

As a back story - the building i am in has actually been split into three properties, my shop, the office next door and the flat above. The water mains comes into our shop and feeds all three properties. When we initially moved in the landlord advised that the water bill was sorted out as it went to the flat upstairs and it was covered by his payments. Ok no problem. The problem has arisen when said tenant moved out so landlord could refurb his flat (thats a whole other story - 18months of work and we are currently arguing about damages etc to our business totalling over £7k).

When the tenant moved out the landlord installed two internally meters inside my shop - one leading to upstairs and one to next door so that when the new bill was re set up he could track everyones usage and divide the bill - GREAT.

What he failed to tell us however was that he took it upon himself to set the bill up in MY name!! The first I knew of this was when the first bill dropped through the door.

So now every quarter I have to take readings and divide the bill between the three properties and go and collect payments. Which - in theory was ok when flat above was being renovated as water was off and I get on very well with the guys in the office next door who pay promptly.

The issue now gets more complicated as a tenant has now moved into the refurbed flat. Neither himself nor the letting agent working on behalf of the landlord had any idea this is how the water bill worked.
Guys were great though and said no issue - they'll pay. They haven't. Now a new bill has come in with £140 outstanding and their current bill is another £150.

Where do I stand? Was the landlord acting illegally in the first place by setting up the bill in my name and leaving me with the financial burden of his other tenants water bill?

I have tried speaking to him and he is as much use as a chocolate fireguard and buries his head in the sand.

I'm trying to liase with the letting agents but they are as much in the dark as we are. Any advice will be gratefully received.

[jaguarsuk]

Legally the tenant or letting agent have no contract with you and therefore no responsibility to pay you anything for utilities or otherwise. Their agreements are with the landlord and therefore it is his responsibility to deal with the bill. Essentially the landlord has made you his agent without your agreement by conferring upon you the responsibility of the water bill.

If it were me I would contact the water company to inform them of the situation and ask them to correct their mistake as you are not his agent nor are you responsible for the water utility in the building. I would then inform them of the landlords name, plus correspondence address for future bills.

It is then his responsibility to read the meters, divide the bill and collect the payments.

Finally I would write to the landlord to inform him what you have done and that if he wishes you to read the meters, divide the bill and collect the payments then you may consider entering into a contract for that and you will levy a charge of £50 per quarter for the privilege (or whatever you see fit as you know how much effort is involved). Only on signing of a written agreement will you act as agent and the bill will always remain in his name as the landlord.

If you need to draw up an agreement here is a good place to start: https://www.lawdepot.co.uk/contracts.../#.Wt75Fi7wbRY

[cakebird]

jaguarsuk Thanks - problem is we have spoken to the water board and they will not put the name into his name and address without his permission. (ironic really as they set the account up in ours without our permission).

[slainte caragh]

Water companies are notorious for this.

You need to send in proof that the original agreement of what you paid for and for what properties.

The way water companies work, a 3rd party can set up an account in your name (i.e your landlord or estate agent) but once this is set up, they need to contact the company and physically take responsibilty for the account. Until they get that, they will do nothing.

HOWEVER!!

Ask them when you agreed to have your supply provided from them, ask them to show you written proof that they advised you of deregulation of business water contracts (use those exact words, you will put the fear of God in to them!). Tell them it has come to your attention that since 2016 you have been able to chose your supplier, which you can do at openwater.org.uk , and ask them what their policy is on not adhering to UK Legislation and OFWAT guidelines is.. then if you get no joy formal complaint and dispute, set up a £5 per month payment plan until you have this sorted, and wait the 8 weeks to complain to the Ombudsman.

DO NOT leave yourself without a payment plan! They WILL report you to a DCA for non payment!

Callie

[jaguarsuk]

jaguarsuk Thanks - problem is we have spoken to the water board and they will not put the name into his name and address without his permission. (ironic really as they set the account up in ours without our permission).

In that case write to him to inform him that if he does not respond within 14 days of the date of the letter you are going to change the supplier of the water to trigger a final bill with the current supplier and will be putting his name plus address on the new water supplier. You will settle the final bill from the existing supplier by collecting from the office, paying your segment and then deducting the remainder from your next rental payment to him as the tenant of the flat refuses to contribute.

State clearly it's not your responsibility to have the water in your name, that you haven't agreed to act as his agent and in future he should read the meters, divide the bills and collect payment.

If he sticks his head in the sand then you just get on with it.

[cakebird]

Does anyone know where i would stand legally by turning off the water supply to upstairs?

[slainte caragh]

Does anyone know where i would stand legally by turning off the water supply to upstairs?

DO NOT do this it is totally illegal!!

You CAN get arrested for it, you must give neighbours AT LEAST 2 hours notice of water being switched off and if the police are called the DO take action!

[cakebird]

OK thanks - thats what I wanted to double check

[jaguarsuk]

DO NOT do this it is totally illegal!!

You CAN get arrested for it, you must give neighbours AT LEAST 2 hours notice of water being switched off and if the police are called the DO take action!

And if the water goes off the tenant will call the letting agent who will know this and will act.

[cakebird]

ok - the letting agent are being a little more helpful today so fingers crossed. But a letter going to the landlords solicitor today