Can my landlord make me pay £400 water bill debt even though the account is in his name?

A month ago, my landlord asked me to sign a new tenancy agreement which said I was now responsible for utility bills. Previously these had been paid by the landlord. Two weeks later, he sent me a copy of a bill from a debt recovery firm that said more than £400 was owed to the water company because of unpaid water bills at my address.The letter was addressed to the landlord but he says that, as I have now agreed to be responsible for the water supply, I have to pay this. The water company won't give me any information as the account is still in the landlord's name. He says that from now on, he will send me the water bills and I can pay via him. He has also asked me to contribute to the cost of new pipework which he says the flat needs. Is it right that I am being asked to pay for all this? Anonymous, London Should they pay? This reader has been asked to foot a £400 water bill - even though it relates to a time when the utilities were the landlord's responsibilityHelen Crane of This is Money replies: I could tell you were in a panic when you contacted me – and no wonder, given you had just been lumped with a large and unexpected bill. Debt collectors having your address added to your concerns, and you said your landlord was dodging your calls and texts when you tried to talk to them about it. It appears to me your landlord is trying to pull a fast one on you here. I asked a lawyer and a renting expert for their takes. When does a tenant have to pay the utility bills? Helen Crane of This is Money replies: It all depends on what it says in your tenancy agreement. If you are responsible for some or all of the bills, this should be outlined in the lease. If you weren't responsible for the bills initially but your landlord wants to change it so that you are, they need to amend the lease to say so. This is usually done by making a 'variation' to the lease, but could also mean signing a new lease altogether. The landlord should then contact all of the relevant energy, water and telecoms companies and transfer the accounts into your name so that you can manage the bills yourself. They shouldn't keep the bills in their name, but still ask you to pay. Water companies can't be changed, but when it comes to other bills such as electricity and gas or the internet, the landlord can't make you use a specific supplier. You are allowed to switch if you like, for example if you find a cheaper deal. Should this tenant pay the water bill? Daniel Smith, senior associate at Gardner Leader, says: In an English residential tenancy, liability for utilities is determined by the tenancy agreement. 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.For the pre-variation period, if the original tenancy did not require the tenant to pay water charges, the tenant has no contractual liability to the landlord for those sums. A later variation making the tenant responsible for utilities takes effect prospectively only and does not create liability for debts incurred when no such obligation existed. The £400 water arrears appear to be a debt owed by the landlord to the water company, and the recovery correspondence was addressed to the landlord.There does not appear to be any basis for the tenant to pay this sum. Don't do it: Lawyer Daniel Smith says there appears to be no legal basis for the tenant to payDan Wilson Craw, deputy chief executive at Generation Rent, says: The tenant could contact the water company and seek to register as a new customer. Any debt associated with the property relates to the existing customer – presumably the landlord – and is not the tenant's responsibility. If they have now agreed that they will be responsible for the bills, they should have direct contact with the water supplier as a customer in their own right. They should not have to pay off debts from before the current tenancy agreement was signed. The landlord could try and make a deduction from the deposit when the tenancy ends, but it's unlikely that the protection scheme would accept that as reasonable.Should they pay for the new pipes? Daniel Smith says: The landlord has implied obligations to keep provisions for the supply of water, gas and electricity in proper working order. The same applies to provisions for sanitation including basins, sinks, baths and toilets. They must also keep in repair and proper working order the installations for space heating and heating water.These repairs must be carried out at the landlord's expense. The landlord cannot charge the tenant for such works. The landlord cannot contract out of their implied repairing obligations. Any tenancy provision seeking to exclude or limit those obligations, or to penalise the tenant for enforcing them, is void unless validated by a court order obtained before the tenancy commenced. A clause making the tenant responsible for repairing water supply installations, such as pipework, would therefore be invalid unless such an order was in place.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.Dan Wilson Craw added: The tenant shouldn't be responsible for the new pipes as they are part of the structure of the home. If there are maintenance issues with the pipes that the landlord is failing to fix, then the tenant could contact the council's environmental health department.Helen Crane replies: As the experts have confirmed, it is your landlord who is responsible for this bill and not you. Despite you being the one using the water, it was their name on the account at the time the bills were missed so you're not to blame. I would seek to get your own name on the property's bills as soon as possible as you are now responsible for paying them, and then consider switching your energy supplier to get the best deal you can. After that, set up a direct debit for each of your bills so that you don't have to worry about any missed payments under your own name.When it comes to the pipes, you are also not responsible for this as it is down to the landlord to make structural (and most other types of) repairs.You are in the right, so politely and firmly point this out. CRANE ON THE CASE