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Rented property, bills inclusive, landlord not paying bills

x_malibubabex_malibubabe Posts: 2,261
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in Advice #1
I hope somebody can help me here.

Background:
I live in a rented property which is a house owned by the same LL, split into 4 flats. Lived here coming up to a year and have signed next year's tenancy already (it starts next month). All our bills apart from electricity are included in the rent, the electricity is on a smart meter and we just get the amount from the LL every month and we pay it to him. The smart meter is in our individual flat (so there are 4 in total), everything else is billed as a whole house; gas, water, broadband, TV licence and council tax - the latter is apparently paid as a HMO which after googling, appears to be perfectly legal(!)

Today, British Gas put a handwritten envelope through the door addressed to just '1 My Street, Postcode' and it said 'important documents enclosed' so I opened it as I knew it wasn't a good thing. As far as I'm aware I'm not in the wrong here as it wasn't addressed to anyone specific!

The letter........... The landlord owes £2600 in unpaid bills to BG and they have warrant to enter the property. I have been on the phone to BG and explained that it's rented and they have raised it with the highest team, but were unable to give me any information as I wasn't the account holder. They weren't allowed to say if the warrant was still active after my complaint.

So basically someone could come round to the property, break in and install a pay as you go meter. I believe these are in the communal area (under the stairs) so it's not a massive issue, but my main concern is that he isn't paying any other bills either, and then the electric company will gain access to my flat with all my belongings, including two pedigree indoor cats, which apparently (if it comes this far...) bailiffs can re-possess!!!!

I have tried calling CAB who can't help, and said to speak to Shelter but they are useless as they never have any advisers available to speak to. I don't want to raise this with the landlord or the letting company (which the LL owns, conveniently) as he is the type to serve notice to leave just for getting involved.

What can I do? The landlord won't know about this letter unless he comes round and collects the post, after which he will probably just ignore it anyway.

I'm quite an anxious person so now I'm just worrying about someone entering my property and my cats escaping. If only I could afford to buy :(

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    Keefy-boyKeefy-boy Posts: 13,613
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    #2
    x_malibubabe wrote: »
    I don't want to raise this with the landlord or the letting company (which the LL owns, conveniently) as he is the type to serve notice to leave just for getting involved.(
    It's highly unlikely notice to vacate could be served on those grounds, what sort of tenancy agreement do you have? Really, I don't see how you can deal with this without getting him involved, but you could try your local authority as they should have a department to give advice on private sector renting problems.
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    eluf38eluf38 Posts: 4,874
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    #3
    I'm not an expert, but if you have a written agreement showing that your LL is responsible for paying the bills(as they are included in your rent) then I don't see how BG could hold you accountable for the debt? He is the account holder, not his tenants. I very much doubt the bailiffs will be coming for your possessions.

    I would forward the letter to the LL and leave it to him.
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    x_malibubabex_malibubabe Posts: 2,261
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    #4
    Keefy-boy wrote: »
    It's highly unlikely notice to vacate could be served on those grounds, what sort of tenancy agreement do you have? Really, I don't see how you can deal with this without getting him involved, but you could try your local authority as they should have a department to give advice on private sector renting problems.
    He'd find a way around it, he's a d***k.
    eluf38 wrote: »
    I'm not an expert, but if you have a written agreement showing that your LL is responsible for paying the bills(as they are included in your rent) then I don't see how BG could hold you accountable for the debt? He is the account holder, not his tenants. I very much doubt the bailiffs will be coming for your possessions.

    I would forward the letter to the LL and leave it to him.
    BG aren't asking us to pay the bill, but it does state that they have a warrant to enter our property. I haven't seen any other letters before this and this is a final notice so they've been sending them somewhere. LL is probably already aware that he hasn't paid a bill in months, even years at that amount!

    I will pretend I haven't seen it. Looking into moving out at the moment anyway as it's just unnecessary stress. I didn't think I could do much about it anyway. The only reason I stayed in this property is because it's about the same price with bills included as it would be just for the rent anywhere else, and it's not a bad flat.

    Thanks for replying.
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    NaturalDancerNaturalDancer Posts: 5,152
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    #5
    As the landlord is the account holder so he is responsible for paying but from what you say it seems likely he'll find a way of getting out of doing it otherwise BG wouldn't have to send a letter to your address. I hope you've got receipts for the amount you give him for electricity. I think you were right opening it after all it wasn't addressed to anybody specifically.

    I'm surprised CAB were so useless, I'd have thought this was the kind of thing they could advise on.

    Sorry I can't be more help. I hope you get it sorted successfully.
    x_malibubabe wrote: »


    I will pretend I haven't seen it. Looking into moving out at the moment anyway as it's just unnecessary stress. I didn't think I could do much about it anyway. The only reason I stayed in this property is because it's about the same price with bills included as it would be just for the rent anywhere else, and it's not a bad flat.

    Thanks for replying.

    I think it's for the best.
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    Turnbull2000Turnbull2000 Posts: 7,588
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    #6
    Keefy-boy wrote: »
    It's highly unlikely notice to vacate could be served on those grounds

    An S.21 eviction notice can be served at any time, without any reason. The OP will only be protected for the duration of a fixed term contract - if he/she is still in one.
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    Keefy-boyKeefy-boy Posts: 13,613
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    #7
    Turnbull2000 wrote: »
    An S.21 eviction notice can be served at any time, without any reason. The OP will only be protected for the duration of a fixed term contract - if he/she is still in one.
    Indeed, but maybe if you read post#1 you would have seen she's signed a new contract for the next year.
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    sarahj1986sarahj1986 Posts: 11,305
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    #8
    If they do enter your property I don't think they could take any of your possessions as you are not the one in arrears your land lord is
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    maxsimaxsi Posts: 2,412
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    #9
    Unless you tell him he is not going to know about the gas people coming to change the meter. This might actually be the catalyst to him paying. I would send the warrant/letter to him and stress how concerned you all are.... You have nothing to lose.
    But they cannot take your cats as it's not your debt.
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    evil cevil c Posts: 7,833
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    #10
    I just want to clarify something if I may, OP. You say you called the CAB and they were no help. What you should do is visit a local CAB, and I think you'll get the help you need. The 'phone help never was much good, it's their weakest link.

    Alternatively I would follow Keefy-boy's advice and contact your local council. Failing that look for a local large firm of solicitors and make an appointment with the solicitor who specialises in these type of cases (Rental Agreements or similar). You will get the first consultation free and if the solicitor is kind hearted he/she will tell you what you should do.

    Don't throw the BG letter away. Keep it safe and don't tell the other tenants about it or even mention anything about the debt.
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    soulboy77soulboy77 Posts: 24,494
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    #11
    evil c wrote: »
    ...Don't throw the BG letter away. Keep it safe and don't tell the other tenants about it or even mention anything about the debt.
    Why not to mention it to the other tenants?
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    Nicola32Nicola32 Posts: 5,153
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    #12
    evil c wrote: »
    I just want to clarify something if I may, OP. You say you called the CAB and they were no help. What you should do is visit a local CAB, and I think you'll get the help you need. The 'phone help never was much good, it's their weakest link.

    Alternatively I would follow Keefy-boy's advice and contact your local council. Failing that look for a local large firm of solicitors and make an appointment with the solicitor who specialises in these type of cases (Rental Agreements or similar). You will get the first consultation free and if the solicitor is kind hearted he/she will tell you what you should do.

    Don't throw the BG letter away. Keep it safe and don't tell the other tenants about it or even mention anything about the debt.


    I'm not sure I would agree with that advice. Surely this matter affects all the tenants in the property and the letter from BG was not sent to the OP specifically.

    If I was renting a flat assuming that the bills were being paid I would most certainly want to know if they weren't.
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    bleuh111bleuh111 Posts: 2,219
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    #13
    I can't comment on the legal situation around this, but if it was me, I'd be inclined to try and arrange with the utility companies to fit a prepaid meter at a time I was in the property, then deduct whatever I had to put in the meters every month off the rent.
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