A tenant in London has been informed by their landlord that they must pay a £400 water bill debt, despite the account remaining in the landlord's name. The debt was incurred prior to the tenant signing a new tenancy agreement that made them responsible for utility bills, a change from the previous arrangement where the landlord covered these costs.
Experts in property law and tenant advocacy state that a tenant cannot be retroactively held liable for utility arrears accumulated before a new tenancy agreement or a variation to an existing one takes effect. The debt, addressed to the landlord, appears to be the landlord's responsibility.
"A variation or new agreement cannot retrospectively transfer liability for utility arrears incurred by the landlord before the variation, particularly where the water account remains in the landlord's name and the tenant previously had no contractual obligation to meet those arrears," said Daniel Smith, senior associate at Gardner Leader. He clarified that for the period before the agreement change, if the original lease did not require the tenant to pay water charges, they have no contractual liability for those sums.
Dan Wilson Craw, deputy chief executive at Generation Rent, advised the tenant to contact the water company to register as a new customer. He noted that any existing debt is associated with the landlord as the previous account holder and is not the tenant's obligation. If the tenant has now agreed to be responsible for future bills, they should establish a direct customer relationship with the supplier. Craw added that it would be unlikely for a deposit protection scheme to accept a landlord's claim for pre-tenancy debt against a tenant's deposit.
Structural Repairs Not Tenant's Responsibility
The landlord also requested the tenant contribute to the cost of new pipework for the flat. Experts confirm that landlords have an implied obligation to maintain water supply provisions, including pipework, in proper working order and at their own expense. Such costs cannot be passed on to the tenant.
"In general, installing new pipework to ensure an adequate water supply falls within the landlord's obligation, and the landlord cannot require the tenant to contribute to the cost of those works," Smith stated. Wilson Craw added that pipes are part of the home's structure, and if a landlord fails to address maintenance issues, the tenant can contact the local council's environmental health department.
While the tenant is now responsible for current and future utility bills under the new agreement, they are not liable for the £400 debt incurred by the landlord. It is recommended that the tenant ensures their name is on all utility accounts moving forward and sets up direct debits to manage payments. If structural repairs are needed, the responsibility and cost lie with the landlord.