Report from Trust Pilot

https://uk.trustpilot.com/reviews/5aa69ea8d5a570032020c086, content copied 14th March 2018

The complaint

I lease a shed with a shared roof and now Clear Business says I am due them nearly £750 for rain water I dont think so and when you call them they are not intrested as this is the Landlord's bill not mine just a shower of ---- and always keep on putting in bills.

I have never had a bill for rain water in my like so watch what your doing as they are a shambles.

The Response 

Reply from Clear Business

Mark up in RED by Unacountable Scotland

Hi Paul,

Thanks for taking the time to speak to us this morning.

We thought now would also be a good time to explain about the Gap Site process and drainage charges more generally in Scotland.

The Gap Site process is operated by Scottish Water's Revenue Protection Department, using [it is understood] consultants who are remunerated on the basis of teh size of the estimated charge.

As you may be aware the non-domestic water market in Scotland was deregulated in 2008 so all business properties have to pay for water, waste and drainage charges through a Licensed Provider.

Unless of course the business does NOT have, in the case of drainage charges, a DIRECT connection to a Sewer owned by Scottish Water as per Section 27 of the Scottish 2005 Water Act

However, in some cases the records weren’t perfect so Scottish Water will sometimes come across business properties that should be paying for water, waste or drainage but aren’t. They will bring these properties into charge as a Gap Site and if no Licensed Provider is chosen by the owner they will allocate the property to a Licensed Provider for you.

It is known that the records held by Scottish Water are inadequte to say the least.

In your case as your property is rated as non-domestic on the Scottish Assessors Association website the property is responsible to pay for its share of the drainage charges. You can see this yourself at www.saa.gov.uk. As you said you have a shared roof so you benefit from Scottish Water’s drainage of surface water from the roof.

Not True. The Landlord benefits and charges an appropriate rent which may or may not include service charges - like drainage for the which the Lanlord may be liable .....

Our job is to find out who occupies each property we are allocated because the occupier is responsible for the charges. In some cases a landlord may choose to take responsibility for their tenant’s water charges and in other cases they won’t so any Licensed Provider may need some clarification or evidence to show who is responsible if this is the case.

The Landlord as per Secvion 27 as mentioned above may be the responsible party. It certanly isn't the tenant in this case.

You can read more about Gap Sites and drainage charges for non-domestic properties in Scotland at www.scotlandontap.gov.uk.

Not a good web site. It fails to quote the relevant law and regulations. Specific errors are identified in the article entitled "Unattributed Statements"

We hope that the above provides a bit more general information. As discussed a member of our high level complaints team is going to take some time over the next few days to review your specific account and then let you know what we can do to resolve the matter.

Kind Regards,

Hannah
Customer Service

Note to Hannah: read the articles relating to water charges on this web site. We would suggest to you that Scottish Water Revenue Protection Service are again distancing themselves from this serious misrepresentation of the law - for which damages under Delict are probably due consequent on your failure to verify the information received from Scottish Water - maybe you could sue them for misrepresentation !


See the following web sites for more information:

Or ask a member of the Faculty of Advocates for some advice.