Hi,

Im a landlord on a property, which i have managed by local estate agents as i do not live near enough to look after it myself. What has happened is that tha tenants moved out of the property closed there account with british gas, and then the property remained empty for a year. During this time it turns out the heating must of been left on, and the estate agents managing the property must not have checked the heating. Now new tenants have moved in, and started a new account. But in the meantime a gas bill of £500 and Electricity of £80 has built up. Now British gas have decided that as no one signed up with them during this time the property was empty, and because they continued to provide gas and electricity to the property. That they looked up who owned the property "me" and created an account on my behalf without my concent and are now chasing me with debt collectors. Is this legal?

Any advice or experience of this?

Thanks

prae:

Is this legal?

I don't have the exact answer to your question however I don't find advising particularly difficult. Only in the circumstances that you can convince that you didn't really want an energy supply to your property for whole year is it worth trying to avoid the £580.

The fundamental problem seems to be the management of the void. Is your agreement with the estate agent silent on the issue? I am not convinced by your "the estate agents.....must not have checked the heating". ISTM there are only two issues, the management of the energy supply agreement during the void and the temperature the property should have been maintained at.

Regarding British Gas, I would certainly explore the issue by asking them to bring to your attention the reason why they have taken the action they have, why (apparently) they have never informed you and why it has reached debt collectors so quickly. Or have you skipped a bit?

Then look for errors (if any) in the explanation British Gas have given and what actually happenned and decide if any further action is likely to succeed.

Hi,

ye sorry i wrote that all quite quickly. I have contacted the estate agents regarding this, and am in the process of checking what they are required to maintain on the property in the contract i have with them. Im happy with the fact that especially within the winter months some heating is required in order to keep the pipes form freezing etc. But by my sums the heating has been around £40 a month throughout the whole year including the summer months.

Regarding the british gas bringing this to my attention part, they have been visting the property, and even trying to disconnect the supply. But as no one was living there, and they didnt approach the agent, as well as the fact that all mail went to that address and was not forwarded to me this is the first i've heard of it.

I am going to push it furthur with the managing agents to question if they shoudl have been checking what the heating with on both when the last tennents moved out, and during there continued months they managed the property.

I will also try and find out more relating the british gas question, but really need to know on what legal grounds they are entitled to sign me up without my consent.

Thanks for the continued help.

prae:

FWIW, though this is not an informed answer, I would completely ignore the legal question and concentrate soley on the British Gas process employed with a view to negotiating an outcome. They have supplied your property with energy, the apparent failure of the management agreement is not a British Gas failure.

The British Gas process and precipitate enforcement action seems inept and *may* be suspect. I would turn this into a complaint issue regarding that process. Do that now and you will be entitled to ask the Energy Ombudsman to consider the issue in 8 (or 12) weeks. Consult Consumer Focus for their opinion.

Independently investigate whether the estate agent has complied with their trade association standards.

Later thought edit:

were the BG communications to the property addressed to "the occupier"? You are not the occupier. I think they should have restarted the enforcement clock once they made contact with you as the property owner.