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could tenant be sued for causing a loss

Re: could tenant be sued for causing a loss

Postby atticus » Sat Aug 19, 2017 1:52 pm

Question answered, apparently.
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Re: could tenant be sued for causing a loss

Postby dls » Sat Aug 19, 2017 2:58 pm

I have only been ordered to pay because the tenant never paid the bill, or informed the water he was the tenant.


No. You have been ordered to pay because you are liable for payment of the bill unless and until you are released from that liability. Your private contractual arrangements do not change that. If the tenant discharges your debt, fine, if he does not, it is . . still your debt.
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Re: could tenant be sued for causing a loss

Postby preacherman » Sat Aug 19, 2017 5:14 pm

dls wrote:
I have only been ordered to pay because the tenant never paid the bill, or informed the water he was the tenant.


No. You have been ordered to pay because you are liable for payment of the bill unless and until you are released from that liability. Your private contractual arrangements do not change that. If the tenant discharges your debt, fine, if he does not, it is . . still your debt.



there was a default judgment, not an order per se.That does not mean I am liable, it means I was not served with papers, in the sense of having sight and responding....no one has answered the question though, as to how I am liable? what law are you referring too? are you saying every property owner is liable for all service charges to the owned property? (simply because they own the property?) even if they did not bath in the water or boil the kettle? when is that contract created? what about council tax? what about electric?
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Re: could tenant be sued for causing a loss

Postby atticus » Sat Aug 19, 2017 5:19 pm

A judgment is per se an order of the court to pay. It makes you liable to pay.
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Re: could tenant be sued for causing a loss

Postby tph » Sat Aug 19, 2017 6:31 pm

If the OP is not happy with the conduct of the water company he could complain to OFWAT. They have the power to determine these matters.
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Re: could tenant be sued for causing a loss

Postby preacherman » Sat Aug 19, 2017 6:35 pm

tph wrote:If the OP is not happy with the conduct of the water company he could complain to OFWAT. They have the power to determine these matters.


so far they have been fine, the litigation department are not there at weekend, but the general help said she does not understand what is going on, as the alleged debt is a different amount to the judgment, (ccj) and a recent bill has been zeroed, she told me the judgment does relate to the year the tenant was in the property.
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Re: could tenant be sued for causing a loss

Postby tph » Sat Aug 19, 2017 7:15 pm

For future reference you may wish to read section 45 of the Flood and Water Management Act 2010 and make sure you take the necessary steps to ensure that you are not liable in the future;

http://www.legislation.gov.uk/ukpga/2010/29/section/45
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Re: could tenant be sued for causing a loss

Postby dls » Mon Aug 21, 2017 9:02 am

are you saying every property owner is liable for all service charges


No, but for these particular 'rates', you are liable in statute as the owner. You owe the money. Judgment is entered because the water company is entitled to an order against you. You can apply to set it side if you wish, but you would find a need to show that you had not been notified (presumably you can do this), and that you might have a defence. You have no defence.
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Re: could tenant be sued for causing a loss

Postby diy » Mon Aug 21, 2017 11:17 am

DLS - That reply seems at odds with the legislation posted by TPH?

The legislations stated the owner is jointly liable if they fail to notify the water company of the details of the occupier. If they have liability to pay, why would this be needed?
My suggestions are not legal advice
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Re: could tenant be sued for causing a loss

Postby atticus » Mon Aug 21, 2017 11:38 am

@diy that gives a means of transferring liability. If preachy didn't notify, he remains liable.
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