Overpayment of Thames Water charges
Background
All water in Lambeth is supplied by Thames Water Utilities. By agreement with Thames Water, Watmos collected water charges for tenanted homes which transferred from the Council in 2012. We received commission for doing so. Leaseholders paid Thames Water directly.
This arrangement was common practice across London boroughs. No Watmos tenants paid more for their water and sewerage services than they would have done if they’d been paying Thames Water directly.
This arrangement was challenged in the courts in May 2016 leading to a final judgement by the Court of Appeal in October 2020 that tenants should be refunded the amount of commission received by their landlord.
What will Watmos credit?
Watmos’ tenant led Board considered legal advice at their meeting on 22 July 2021 and directed staff to calculate credits due to current tenants who were residents for the period from 1 April 2015 to 3 August 2017.
Credits will be backdated to 1 April 2015 in accordance with the Limitation Act 1980.
Current tenants will be credited until 3 August 2017 because from this date Watmos agreed a Deed of Clarification with Thames Water which ended our implied role as a reseller of water.
|
|
Commission per annum |
Less allowable expenses (1.5p per day) |
Credit |
|
2015/16 – full year |
£43.12 |
5.49 (366 days) |
37.63 |
|
2016/17 – full year |
£43.57 |
5.48 (365 days) |
38.09 |
|
2017/18 – to 03/08/21 (125 days) |
£15.25 (125/365ths of 44.52) |
1.88 (125 days) |
13.37 |
|
Maximum credit if you were a tenant for the whole period |
89.09 |
The amount in the table above (or a part of the amount if you were a tenant for part of the time) will appear on your tenant account dated 2 August 2021 and shown as ‘charge adjustment.’
Current tenants
If you are a current tenant the credit shown above (or a part of it if you were a tenant for part of this period) will be automatically posted to your account. You do not need to ask for this.
If you wish to see your adjusted account balance and you have registered with our portal then you can click here .
If you are not yet registered but wish to do so, please click here .
If you wish to have the credit refunded to you, please refer to the Refund section below.
Former tenants
If you were formerly a tenant for part of the period shown above, you may also be entitled to a refund. As we don’t retain your personal details please contact us on londonhousing@watmos.org.uk
Leaseholders
Leaseholders paid their water rate directly to Thames Water so are unaffected by this issue. However, if you were a tenant during the above period before becoming a leaseholder then we will credit your account with the amount due for the relevant period that you were a tenant.
Claiming your refund
If your account is in credit and you would like the credit balance to be refunded to you, please click here to complete an online form and we will process your payment as soon as possible.
Need help?
If you need any help finding your revised tenant account balance, requesting a refund or anything else, please email londonhousing@watmos.org.uk or telephone 0207 043 0670.
Last updated 5 August 2021