Water charge refunds frequently asked questions
This information is for current and former council tenants who are eligible for a refund due to overpaid water charges.
What is the water charges rebate?
Alongside many other London boroughs, H&F Council had a longstanding agreement with Thames Water for the supply of water to our council properties, and we collected the charges from residents directly.
Thames Water calculated each bill, and we passed the bill onto tenants and collected payment along with their rent. Thames Water paid the Council a small commission to carry this out.
A 2016 court case involving another local authority, challenged this arrangement. The court ruled that the local authority had acted as a 'water reseller' and had charged tenants a 'commission'.
Background to the court case
Southwark Council were challenged about their agreement and instructed to repay tenants the overcharged amount. The court case took place in 2016 and had wide reaching implications for all local authorities that collected water rates on behalf of Thames Water.
Kingston Council challenged this decision and in 2020 at the Court of Appeal it was reaffirmed that they had acted as a water reseller.
What we believed our position was
Like other London boroughs, H&F Council also considered ourself an 'agent' working on behalf of Thames Water. Our billing was calculated by Thames Water, rather than the council deciding on a final amount to charge residents.
For undertaking this task, local authorities were allowed to apply a small charge, which covered overheads of administering the service on behalf of Thames Water. This act of charging an administration fee was confirmed to a commission, and so our status was deemed to be a 'water reseller' rather than an 'agent'. This is someone who receives a supply of water from a water company (in our case Thames Water) and sells it on to users (residents in this case).
It is the commission that we charged that we will be crediting to rent accounts shortly.
Who is eligible for a water refund?
You will be entitled to a rebate if you were a H&F council tenant between 1 April 2014 to 31 March 2020, and we charged you for water directly during that period of time.
We have sought advice on the period of time where we will refund applicable residents, and in line with the Limitation Act 1980,
If you received a discounted water charge through being part of the Watersure Plus scheme, then no rebate will be payable.
How have we worked out refunds?
Your individual letter will give you a calculation on how your refund has been calculated. The formula used has been based on Local Authority guidance and is based on the time from 1 April 2014 to 31 March 2020.
How can I get my rebate?
We have credited your rent account with the refund amount which will appear on your rent statement as a credit adjustment.
Can I have to the refund paid directly to me?
If your rent account is sufficiently in credit you may be able to apply to have this excess credit paid directly to your bank account.
However please remember that prior to making any payment we will deduct any debts owed to other council departments.
You can apply for the refund via your My Account at https://www.lbhf.gov.uk/housing/council-tenants/paying-your-rent or use the form enclosed with the letter you will have been sent, (if your account is sufficiently in credit once we have credited your account).
We anticipate a high volume of refund applications and will endeavour to process requests as quickly as possible.
Will the refund have an affect on my benefits?
We would recommend that you seek advice from the Housing Benefit department or the Department of Work and Pensions on the impact to your benefits.
Former tenants
If you were a council tenant for the period 1 April 2014 to 31 March 2020 and have moved out of your property, where there was a water rate charge – you may be entitled to a credit if your account was clear when you vacated your Hammersmith & Fulham tenancy. Please contact water.enquiries@lbhf.gov.uk or call 020 8753 6032 (option 4) to enquire if you are eligible to a refund.