unpaid water bill in tenants freinds name - help!

[michelle74]

i had a tenant (person A) in my property for 10 months. unknown to me, she shared possession of the property and put the water bill in the second persons name (person B). letters are still being received at the property for person B regarding the unpaid water bill. person A has admitted sharing possession with person B without permission from me but united utilities state Person A is not liable for the bill even though her tenancy agreement states she should be responsible for all utilities at the property. i know i am not liable but i am dumbfounded that it will be written off because person B has now fled the UK and her name was not on the account. I have forwarding details for my tenant (person A) a copy of her tenancy agreement showing her signature and her guarantors details agreeing to the terms and conditions and a letter, also signed by person A admitting she shared possession without my knowledge but was unaware person B's name was on the water bill (in my opinion, she did know)

can someone tell me how i see to it that this bill is paid? i do not believe somebody can just be this dishonest and get away with £480 of free water. everybody else has to pay it!

[des8]

Re: unpaid water bill in tenants freinds name - help!

Hi and welcome.

You can't see to it that A or B pays this outstanding amount.
It is not yours, but UU's and they decide who to chase.
I think you will find that water utilities will take the name of the person from whom they believe it will be easiest to collect money, put the account in their name and hey presto they are liable. They then chase that person single mindedly.
You might find it galling that A is not paying the bill,after not letting you know she was sharing the property, but possibly it was part of their arrangement that B paid the water rates, and it is B who are liable as far as UU are concerned.

[Kjun]

Re: unpaid water bill in tenants freinds name - help!

Hello Michelle,

I work within the legal services department of a water company (not UU) and can advise that the Water Industry Act 1991 is very specific in that the occupier of a property is liable for the water services charges.

Regrettably water companies have to rely on the information provided in relation to the occupant(s) of a property on a good faith basis as it were and if this is inaccurate of course it is not a good thing.

As you know already as landlord you are not liable for the charges however I am sure the water company will be very grateful for the information you have provided them in the form of the tenancy agreement and I would expect them to amend their records showing tenant A as being jointly and severally liable for the unpaid charges.

[des8]

Re: unpaid water bill in tenants freinds name - help!

To be very pedantic the Water Industry Act 1991 actually states the undertaker has the power "to demand and recover charges fixed under this section from any persons to whom the undertaker provides services"
This means they can actually pursue any person who shares a water supply for the full charges.
Sometimes, as in this thread, they make the wrong choice for themselves. On other occasions they pursue single mindedly those who in fairness are not responsible.
See here for an alternative view:http://www.legalbeagles.info/forums/...ht=#post561166
Perhaps Kjun, you can advise Softsword how to persuade Dwr Cymru to act fairly.

[Kjun]

Re: unpaid water bill in tenants freinds name - help!

Hey Des,

Section 144 of the act specifically refers to occupiers however if the water company is not advised of all liable parties it can be very hard to have accurate billing information.

In theory you are correct and in an ideal world both tenant A and B would have been named on the account being jointly and severally liable for the charges.

Will take a look at the thread you have mentioned to see if I can assist.