Advice from Unclegus and others in the UK
 

My son is a junior at the University of Edinburgh, and has been in a flat for two years. He recently has started getting threatening letters from the power company they had last year about a supposedly unpaid bill that neither he nor his flatmates from last year knew about. And supposedly none of their names are on the account. But could be obtained from the building owner. And there are many other details.

I know the law in the US, but want to make sure I'm giving him the right advice. He's terrified that this will reflect on his credit report.

I would appreciate any advice here or to my email, my screen name at aol dot com.

What does it say in the tenancy agreement about who is responsible for the utility bills? Is it the tenant or the landlord? Have your son and his flatmates been paying utilities up till now and just forgot this bill, or have they not been paying any utilities since they moved in? It's really hard to advise you without knowing the above. We need a bit more info.

First point is to establish who is responsible for the bills because with private rentals in the UK it can be that the tenants are responsible not the landlord.

Come back when you know this and we can advise better.

what RM67 says.

your DS and his mates will know if they've been paying the electricity bills and they should be able to tell from their tenancy agreement who is liable for to pay for the electricity.

if it's them, and they've not paid, then if they default that could reflect on their credit score. But if the bill has been going elsewhere, [and to know this they need to see the actual bills] then they can argue that they should have some extra time to pay.

but we need to know the facts first.

The University should have a support office of some sort, either through its accommodation services or student welfare/counselling, that has some knowledge of landlord-and-tenant issues of this kind. Even if they can't help directly, they would probably advise contacting the local Citizens Advice:
http://www.citizensadviceedinburgh.org.uk/

Yes, there is free legal advice via the university:

http://www.freelegaladvice.ed.ac.uk/contact/

Thanks much - I don't think he knows about the local Citizens Advice. He was planning to contact the university tomorrow am.

More info: The overdue amount in question relates to last year. The tenants were responsible for the utilities. They didn't get a bill for the first few months, but the management company told them not to worry about it, something about a credit from the former tenants. Yes, that doesn't make sense to me, either. They paid all of the bills that they received. DS thinks that the overdue amount, based on what they're paying this year, somewhat matches the months for which they didn't get a bill. I don't know why nobody's name was on the account last year. He found out about all this from a bill that was sent to "current resident."

This year, DS is in that same flat but with different flatmates and a different power co. That account is online, they've paid all their bills.

DS has been trying to handle this on his own; he wants to be an adult, but the final demand letter that he just got has stressed him a lot. He's been talking to the power company for about three weeks, and thought this had been resolved. He agrees, as do we, that he should pay any overdue amount that he's liable for. He also understand that the tenants are jointly and severally liable, and that if the former 3 flatmates don't pay, he has to do the right thing and pay up (we will contribute). One of the former flatmates has agreed to pay his share; the other two are not responding to DS's phone calls, texts and emails. I'm thinking the Uni may be able to help on that front.

Ok - this is not so bad. Firstly, give the utility company an up-to-date meter reading. I think they are then obligated to generate a new bill which buys you a little bit of time, and which will also help ensure all billing going forward is correct.

The easiest way to sort this is for the tenants to increase the monthly payment slightly until the arrears is cleared. All utility companies should be happy to accept an arrangement of this sort. If the tenants currently pay quarterly ie when each paper bill comes in then I would change to a monthly direct debit to facilitate the kind of arrangement I have outlined.

I know that where rental is concerned even if you have several names on a contract the landlord can persue any single party to get the funds back if there is an arrears so it may be that the utility companies operate in the same manner and can pick and choose who to chase for the unpaid bill. However, anyone who has to cough up more than their fair share can theoretically go through small claims court to get the remainder of the tenants to pay them back later (albeit after the issue is sorted with the utility company) if there is some sort of documentary evidence of a joint agreement. In practice if the amount per tenant is very small it may not be cost effective to do this.

Going forward I would say when renting or buying property always to take meter readings when you first move in and whenever prompted by the utility firm. Also if possible set up an online account so you can check billing/usage regularly even if paper bills go awol.

Thanks for the additional advice, though getting an up-to-date meter reading may not be so useful, as under this year's lease, which began July 1, they've been with a different power company and have an online account with that company; everything is going ok there.

I'm afraid that this is symptomatic of the sorts of problems Utility Companies create here.

If your son does not get sorted, email me, and I'll try to help (I'm a solicitor; no charge; email on profile)

great advice above, having the account online makes no difference to needing a meter reading. I'd check a few places

any note left in the cupboard where the meter is, with the present meter reading company (same meter so the first number at the start of period will be the same as the last on the old contract, worth checking the old bill is right even if you are going to end up paying it)

The university/students union must have run into this before.

They didn't get a bill for the first few months, but the management company told them not to worry about it, something about a credit from the former tenants. Yes, that doesn't make sense to me, either.>>

do they have that in writing? might be difficult to prove at this point.

Sheila has made a very kind offer - hope that you don't need to take her up on it.

I can't add anything to the above advice, but it is nice to see that this list remains really helpful, that people go out of their way to assist, and it's not all name calling and arguments.

Thank you much, especially Sheila's offer (I'm a lawyer here in the US). DS reported this morning that he got through to the company's complaint department, who agreed to take 90GBP off the bill and resend to him. That seems reasonable to me, as it sounds like they do owe some money from last year. Of course, he thought it had been fixed after the other phone calls he's had with them, so I guess we'll have to wait until the next bill arrives.

Also he reported that the former flatmates agreed to pay their (reduced) share - though I'm skeptical until they actually pay, and with everyone heading home after exams finish later this week, I'm thinking if he doesn't get the money now, he may not get it at all.

I knew that the Fodorites could pull through and help out!

sounds like a result, if all that pans out, Lexma.

all good.

PS. Don't drop it. If the letter/bill doesn't come, chase it. It will, eventually, bit him on the ass, otherwise

as sheila says, monitor the power company to come through, take notes of names and dates and agreements, keep them.

This situation has always been a problem for students and is compounded by the fact that the utility companies are extremely poor at reading meters. Estimated readings, especially during winter, can rack up large arrears.

It is well worth your son asking for an Internet activated meter, the suppliers seem keen to put them in. The readings are then downloaded monthly onto his account.

I would entirely agree with Sheila : never hide from a debt or threatened debt. They usually do come back to bite.

If the supplier is Scottish and Southern Electric (SSE) them he should also visit a church for devine intervention. They are hopeless.

Btw, anyone with an online account can enter a meter reading at any time to make sure the billing is up to date and accurate - no need to rely on estimates in this day and age...

RM

The internet meters send the information automatically.

We have had one for 18 months.

Never used it, it's still in the unopened box my wife thinks it is an implant from MI6 but then she watches too many crime dramas.

Ps have you sent the damage in Ullswater : devastating! The car park in Glenridding has a 4 ft layer of pebbles.

The one in a hundred year floods have happened again for the third time in 4 years.