Landlords' responsibilities for utility charges on empty properties are something of a grey area. The situation varies according to the utility in question, the company supplying the property, the contract(s) that were in place with the tenants and what happened when the tenants vacated the property.
A Perfect World
Let's take the best case scenario first. In an ideal world a tenant will let the supply company know when they are going and leave a forwarding address. When they leave the liability for any charges after that will pass to the landlord, and when a new tenant arrives they will take up a new contract with the existing supplier or a new one.
This means the landlord will be paying charges accrued during the void period, but of course if the utilities are barely used then those charges will be very low. The alternative is to terminate the contract and allow the supply to be cut off. This probably makes sense for a telephone service, but not for a gas or electricity supply.
Telephone accounts can be closed and when the new tenants move in they should easily be able to start up a contract with a new telephone supplier. As the line will still be in place the reconnection should be quick and the charges low.
Disconnecting Gas and Electricity Supplies
Gas and electricity supplies are a bit different. Apart from the fact that it is considered acceptable for tenants to set up their own telephone supply, it is not acceptable to provide a rental property without electricity and gas (or whichever form of heating is used). Cutting off and reconnecting a supply usually entails a visit to the property by qualified engineers so suppliers may levy charges for disconnecting and reconnecting. It would be difficult to get tenants who would accept paying those charges.
If you find yourself with bills coming in from a utility supply company who had a contract with the departed tenant the liabilities may end up with you. Although the tenant has gone, under certain circumstances the utility supplier may consider that a 'deemed contract' is in place and you will be picking up the tab.
If a property is vacated the landlord should get in contact with all the utility suppliers and inform that the tenants have moved on, with their new addresses if possible. The utility companies may then make standing charges for maintaining the supply, even if there is no usage.
This is down to the individual contract with each supplier, some may do this and others may not. But if you find that tenants have left without sorting this out and you are being hit for supply charges, it's unlikely that you can do anything about it. If you think the situation is unfair, you need to get legal advice.
Consider Leaving Utilities Up and Running
To be honest, with gas and electricity you are probably better off leaving the supplies connected in any case, particularly if you want to find a suitable tenant as soon as possible.
Finding that tenant will be much more likely if the house is lit and heated, and in winter it will pay to have the heating on to avoid any frozen and burst pipes. Getting rental income coming in faster will outweigh any small charges for gas and electricity charges on an empty property.
Rented house out for 2 years left gas and electric bill in my name as it was a key now I've moved back into house and my electri and gas top ups where if I put £12 pounds on they where taking £3 so I've been in touch they say I owe £255 it's not my debt can I do anythink about this thanx
Hugo - 18-Jan-17 @ 9:55 PM
should i be charged a daily standing charge as the house has been vacant for 9 months due to flooding
tel - 4-Nov-16 @ 12:53 PM
I am joint owner of several properties with my ex husband. He says the properties have been empty and unoccupied since our divorce ten years ago. How can I find out if the utilities have been used during that period ie if there have been tenants that have had utilities connected for use? And am I legally entitled as a joint owner to obtain this information? I do not need details of the occupiers or details of their consumption, just to know whether the properties have been leased to tenants during the ten year period.
Stan - 16-Oct-16 @ 10:05 AM
The property will incur standing charges regardless of whether energy is used. The utility companies charge landlords executors etc. at their default rate which is considerably more than you would pay on a negotiated contract. Always best to change suppliers and opt for one with the lowest standing charge. Terminating the supply is also worth considering. Most utility companies use so called separate debt collection services but these are normally owned by them. I have had experience of being hounded by Unicom's debt agency who made my life a misery. There behaviour was reprehensible. They even sent documents that were made to look like they were issued by the court but were just cons.
At the end of the day if you have to settle then send them a cheque for what you think is reasonable make it clear that this as full and final settlement. If they cash the cheque they will be deemed by the court to have agreed this settlement.
It is a bad place to be in. The utility companies are worse than most rogue traders, and ofcom appear to be on a permanent lunch break for all the use they are.
chris smith - 15-Aug-16 @ 3:01 PM
Scorpy - Your Question:
My dad died last July and his house has been unoccupied since then.I've been trying so far unsuccessfully to sell it.Recently I received a bill from British Gas for £176 -in spite of the fact that the house is unoccupied and the gas (central heating ) hasn't been used!-when I rang them they said it was standing charges but the customer service adviser also said I wasn't "personally liable" because the account was in my dad's name not mine and I was the executor.Is this true?-they also sent me a letter threatening g debt collectors.Is there a way I can get out of paying this ?-it seems ridiculous to have to pay this.
You could consider getting it disconnected if it's not use. British Gas will have a claim off your father's estate...as executor you have to priotise any debts and pay creditors accordingly.Here's how you should prioritise any debts:
Secured creditors such as mortgage or car loan etc
Expenses incurred in adminstering the estate (you as executor should keep a note of any expenses you incur)
Unsecured creditors - e.g. debts to local and central government. utility bills, bank loans, credit and store card debts
Interest due on unsecured loans
Deferred debts- such as money borrowed from a friend or family member
UtilityCharges - 20-Jun-16 @ 10:04 AM
I moved out of my rented property on the 7th Oct, informed the elec/gas company, started a new account with them at my purchased property on the 8th Oct. They issued be with a refund of over £300 for overpayments. Iofficially handed the keys back on the 31st oct but had to pay rent until the 8thNov with the the new tenants moving in on the 9th. Am i liable for all the standing charges for this period.......
lou1978 - 8-Dec-15 @ 1:36 PM
I am about to sign the lease on a shop
The previous tenant left without paying and the Gas & Electricity supplies were disconnected.
Who's responsibility is it to pay for the reconnection, mine or the landlords ?
He is suggesting I contact the suppliers and arrange and pay for reconnection
Neenee - 1-Aug-15 @ 3:58 PM
@smileymiles. Many companies do continue with a standing charge on an empty property. You should send a copy of the death certificate and request a breakdown of all costs, credits and debits from them, to help you verify whether amount charged is correct.
UtilityCharges - 17-Apr-15 @ 2:28 PM
I am the executor of the will of a person who died in January 2014.I contacted edf in February 2014 and informed them of the death.They said they would cease the accounts.
There was a £300 credit on the account at that time.
The house has remained empty since January 2014 and is up for sale.I have been received estimated bills every month or so and really just put them in a file.As I want to tie up the loose end with this account I contacted edf, I got fobbed off 5 times, hung up on twice. In the end I emailed the CEO and his office are trying to sort it out.
Do I have to pay a standing charge if there is no one in the house and it has been empty since January 2014?
I am received a bill for over £260 and cannot get to the bottom of the charges, which do include a standing daily charge
smileymiles - 17-Apr-15 @ 11:24 AM
I sympathise with this being in the same position.
My gas meter has now been removed from the empty property - no gas used- but standing charges in my name.
They had the wrong name at first - now corrected and are seeking to charge my own property where I have no outstanding bills.
My tenants left owing nothing but a new account was set up without my consent and charges began.
gassed off - 28-Mar-15 @ 11:40 AM
change your telephone number , it will cost them a lot more if they take you to court.
I had 2 peeps chasing for my sons debts, I pay off a bit but leftapprox £300 outstanding now they have left me alone.
dai - 12-Nov-13 @ 11:02 AM
I am in the middle of a dispute with Eon over a bill for £95.00, if anyone has "taken them on" then please give me some advice, remember its only £95 so the value of my time verses the "big boys bulling" may become an issue. I have an investment flat which was let long term, the tenants finally left 5 months after their tenancy expired, under a cloud and owing rent. I live 400 miles from the property so once all the rubbish left inside the flat was removed and all the paintwork repainted, put it in the hands of a local agent who let it and now manages it for me. Eon sent a number of bills during the 8 week void period, I called them a number of time explaining the property was empty so the "estimated readings" where wrong and the agent would inform them of the new tenants when they go in.
Alas the old tenants had given a meter reading 400 units lower than it actually was so the unfurnished empty flat showed a usage (not even an appliance so not the fridge as Eon have suggested).
I have spent several months explaining what happened, Eon have now used a dept company which calls me daily to demand payment each time I explain the position, I have even complained to both company's that they are harassing me which is an offence, they log my complaints and call the next day with more threats and as for the post you would think i was a criminal.
Has anyone got any ideas to help or should I just let the bullies win and move closer to the campaign of rip of Briton or are Eon French?