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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience:  Solicitors 2 years plus PQE
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Regards ***** ***** problem in a buy to let property. My questions

Resolved Question:

Regards ***** ***** problem in a buy to let property.

My questions to the utility company as to what contracts they have, that obliges my company to pay the debt, I received this reply ...

"Dear Mr xxxxx,

Thank you for your email, I am sorry for the delay in replying to you.

The account for Flat 3 has not been set up on a contract basis and so we do not have information of this nature as such to send to you.

The account was set up on our standard energy no contract tariff, details of which can be found on our website.

The balances on the gas and electricity for Flat 3 remain unpaid and so it is urgent that we receive payments for these accounts. Please contact our collections team on 0345 125 423 urgently.

We do supply Flat 5 but the accounts are not registered to Xxxx and so due to data protection, we cannot discuss the accounts for this property with you.

Kind Regards"

Given the extremely vague reply ... What are my obligations?

Regards,
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.

Alex J. :

Thank you for your question and welcome. Is the tenant's name on this unpaid electricity bill? Have you been sent a copy of the bill that is unpaid? Kind regards AJ

Alex J. :

To answer your question, as long as the bill is not in your name you are not liable for it. To become liable for another persons debt you have to guarantee them and this has to be done in writing, this is one of the oldest legal principles in the Statute of Frauds 1677.

Alex J. :

I would write to the utility company and say they have not provided you with evidence of the debt or why your company (as landlord) is liable, say it is a criminal offence to harass someone for money that does not owe it under S.40 if the Administration of Justice Act 1970.

Alex J. :

Say that if they do not stop chasing you, you reserve the right to report the matter to OfGem.

Alex J. :

The only issue is, if the invoice and account are in your name then you will be liable for it. Kind regards AJ

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