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could tenant be sued for causing a loss

Re: could tenant be sued for causing a loss

Postby preacherman » Fri Aug 18, 2017 1:32 pm

atticus wrote:Congratulations, preacher! You have the most remarkable ability to stumble from one legal disaster to another.

If your tenant, in breach of his contract with you, failed to pay the water bill that you have now been ordered to pay, I simply cannot see how a court will allow you to claim, as damages for breach of contract, losses flowing from the effect on your credit rating of your not paying the bill.

I leave dls to deal with your other question.


I have only been ordered to pay because the tenant never paid the bill, or informed the water he was the tenant. The court had no idea there was a tenant, and I had no idea there was a CCJ. I am sure i informed the water company that a tenant was moving in. second I had no idea he was not paying the bill, as he must have kept the bills from me and also the court papers, which were never served on me.your twisting things around atticus, a bit like my wife! its not my bill to pay when the property is tenanted, and when the tenant has a contract to pay the water bills to whom they fall due.When for instance the electric company are made aware that an overdue bill fell due at a certain date, whereby the tenant was in the property, they chase the tenant, not the owner/landlord and clear the electric meter for the landlord.
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Re: could tenant be sued for causing a loss

Postby preacherman » Fri Aug 18, 2017 1:39 pm

atticus wrote:@diy: what is the defence that the OP will seek permission to advance?



set aside the order on the basis I was never served with any papers. That the tenant must have thrown away, or deprived the recipient of the post arriving at the address that was addressed to his landlord (including court papers).

I have not lived in the property since 2012, judgment is dated 2015.

The tenant had contracted to pay the water bills under a six months assured tenancy agreement.
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Re: could tenant be sued for causing a loss

Postby atticus » Fri Aug 18, 2017 1:58 pm

You cannot get out of liability to pay the water bill, even if you agreed with your tenant that he would pay those bills. You may seek indemnity from your tenant.

Service at last known address is good service.
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Re: could tenant be sued for causing a loss

Postby diy » Fri Aug 18, 2017 3:19 pm

If the Op advised them of contact address and tenant details, backed up by the correct form N244 , promptly submitted with a whiteness statement that the claimant knew or ought to have known the valid address, they have a good reason to set aside.

You still have to pay, but you can avoid costs and 6 years of CCJ on your credit file
My suggestions are not legal advice
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Re: could tenant be sued for causing a loss

Postby preacherman » Fri Aug 18, 2017 10:05 pm

atticus wrote:You cannot get out of liability to pay the water bill, even if you agreed with your tenant that he would pay those bills. You may seek indemnity from your tenant.

Service at last known address is good service.


how much do you want to bet on that?! ok well we will see but can we start from basics, why do you say I am I liable for a service I did not use? are you saying as the property owner it makes me automatically liable for services to that property? I see no reason for that.

if the tenant ordered new double glazing but didn't pay am I liable? If the milkman left milk everyday for a week but tenant drunk but did not pay, am I liable? I am struggling with your reasoning considering your a solicitor.

You seem to be suggesting that every landlord in the uk is liable for services used by tenants of property's, it just does not add up one bit. I have rented out many property's, and flats, and i have never had to pay for a service that i did not personally receive, even council tax.

even the CAB is better than you this week! my virtual solicitor has lost the plot!

Whoever lives in the property is normally responsible for paying water charges.If you're a tenant, you are responsible for paying water charges, unless your landlord has made another agreement with the water company. Check your tenancy agreement to see who's responsible. Even if the landlord is responsible, if they don't pay, the water company may try and recover the money owed from you instead.
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Re: could tenant be sued for causing a loss

Postby preacherman » Fri Aug 18, 2017 10:17 pm

If you own a property you do not live in

Usually the occupier of a property is responsible for the water charges. If the bill is not paid, it is easier for the Water company to collect the arrears if they have information about the occupier. To help with this, new rules have been introduced.

From 1 January 2015, you are required to provide information to the Water company if both of the following apply:

you own a residential property which you do not occupy, but which someone else occupies, for example a tenant
water is supplied to the property by Welsh Water or Dee Valley Water (properties supplied by these companies are subject to these rules whether they are in Wales, or in England).
The information you will need to provide is:

the full names of all the occupiers (this does not include children) and, if you have been given the information, their dates of birth
the date they all became occupiers of the property if the date was after 1 January 2015.
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Re: could tenant be sued for causing a loss

Postby diy » Sat Aug 19, 2017 5:48 am

Can you prove you notified them of the occupier?

Life might get a whole lot less messy if you can.
My suggestions are not legal advice
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Re: could tenant be sued for causing a loss

Postby preacherman » Sat Aug 19, 2017 10:56 am

diy wrote:Can you prove you notified them of the occupier?

Life might get a whole lot less messy if you can.


i dont actually live in wales, and the tenancy began before 2015.
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Re: could tenant be sued for causing a loss

Postby atticus » Sat Aug 19, 2017 12:38 pm

What is the relevance of where you do not live? Did you cut and paste something that does not apply to where you live? Should we ne quoting the applicable laws of the state of Nebraska?
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Re: could tenant be sued for causing a loss

Postby preacherman » Sat Aug 19, 2017 1:13 pm

atticus wrote:What is the relevance of where you do not live? Did you cut and paste something that does not apply to where you live? Should we ne quoting the applicable laws of the state of Nebraska?



A bit like you then, quoting contract law and liability to water rates at property's rented out on an AST! and I dont know if south west water is owned by a company which speaks another language, Sut fyddwn i'n gwybod oni bai fy mod yn defnyddio cyfieithu google :lol:
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