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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a landlord that let my property through an agent (end

Resolved Question:

I am a landlord that let my property through an agent (end of 2012 start of 2013) and I believe their tenant got into energy arrears. I moved the tenant out after 6 months and decided to let the place directly to individuals on a rooms and bills included basis. I instructed the energy company to take over the gas and electric but they were unable to take over the electric due to an objection from the current supplier. I missed the email informing me of this, and only found out that the original supplier was not getting paid 14 months after I moved the new tenants in bill included. I was given a dear occupier letter and contacted the supplier to ask for a bill, but it seems as though they have not got the reading from the original request to move supplier and now I have a bill that I cannot understand/check i.e. no start date for arrears and no readings or reading dates. The bill is around 1400.00. I don't know if they can insist that i pay this without telling me why they objected to my original transfer request or without telling me how the bill is calculated. I do not mind paying a contribution as I should have noticed this earlier but I don't want to pay the original tenants arrears. The energy company is Spark and they are very difficult to communicate with i.e. emails only ever come from noreply email addresses and their call centre staff just say someone has to pay the bill before the supply is moved. I'd like to know what legal rights I may have in this matter?
Kind regards
Nathan
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know even if you missed the letter, why they won't review it now?
Customer:

At the moment all they have done is sent me the bill to dear occupier but it contain no information on how the arrears were calculated. They have advised that my transfer would have been blocked due to arrears on the account, and these will need to be paid if I want to move to my chosen supplier.

Alex Watts : But you have evidence of tenancy etc?
Customer:

Yes, I let it through an agent and I think their tenant registered the account with spark, even if there were arrears i don't know how they can stop me moving to a new supplier when first utility (new supplier) contacted them

Customer:

I can find the agents contract that I signed

Alex Watts :

If you have evidence then you can NOT be liable for the debt.

Alex Watts :

You can only be liable if you agreed with the energy company, I assume you have not.

Alex Watts :

Therefore you can never be liable.

Alex Watts :

You should write (not email or call) and make a formal complaint.

Alex Watts :

That should resolve it but enclose evidence of the tenancy

Alex Watts :

If it does not then you can go to the Ombudsman

Alex Watts :

They offer a free independent service at; http://www.ombudsman-services.org/energy.html

Alex Watts :

That should fix it

Alex Watts :

But you cant be liable for someone elses debt

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thats great thank you I will put my complaint in writing

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