Regulator Ofwat will on Thursday give its “final determination” on how much bills will rise over the next five years.
Before then, Britain’s largest company Thames Water hopes to win court approval for a £3bn bridging loan to stop it running out of cash in the spring.
Together they amount to the greatest test of the water system, the only fully privatised network in the world.
To understand how we got here, and what might happen next, it pays to go back to the beginning.
In 1989, 10 state-owned regional water and sewage companies in England and Wales were sold off by Margaret Thatcher’s government, raising £7bn for the Treasury. The companies were sold debt-free but never intended to stay that way.
The rationale was that the private sector could raise the billions required to upgrade the Victorian sewage network, and fund it from customer bills, so the state didn’t have to.
So borrowing was always part of the plan and, as of this year, the companies have accrued £70bn of net debt, at a ratio to equity (gearing) of around 85%.
In water the problem with debt is not the total, but whether the companies can afford to service it, and what they did with the money.
The answer to the first question varies by operator, but water companies have poured billions into infrastructure and other investments. Adjusted for inflation, investment has run at between £4bn and a record £9bn last year, a total of £210bn in today’s prices, spending that has reduced leakage and improved water quality on some measures.
But it has not been enough to meet public expectation of basic services, of sewage control, or to the challenges of climate change and a growing population. To pick one example, the UK has not built a new reservoir since 1992.
At the same time, the companies’ shareholders have extracted dividends of £83bn (as calculated from Ofwat figures by the University of Greenwich and adjusted for inflation).
But like debt, dividends are a deliberate feature of the privatised system. Investors in any industry need to make a return.
Water UK, the companies’ trade body, says that since 2020, when the regulator began paying closer attention to payouts, dividends have averaged 2.7%.
The level of dividends and executive bonuses have become harder to defend with the emergence of the water industry’s dirty secret; sewage outflows.
These occur when the pipes shared by sewage and rainwater become inundated and, as a failsafe, are deliberately discharged into waterways through storm overflows to prevent sewage backing up into homes and businesses.
For decades the full extent of their use was unknown, with industry, regulators and the public in the dark because of the absence of monitoring. That has changed in the last decade, with full monitoring of almost 15,000 overflows in England revealing more than 460,000 sewage outflows in 2023.
Image: Sewage releases have caused controversy. File pic: iStock
Public outrage has pushed the issue up the political agenda, increasing the pressure on companies.
The water industry can point to some success in improving water quality since privatisation, with a reduction in levels of phosphorus and ammonia and 85% of bathing water classified as “good” or “excellent” by the Environment Agency.
But none of those are in rivers, where wild swimming, and the public activism that comes with it, is a recent phenomenon. And as public expectations for water quality rise, so do costs.
The challenge for the industry is that the cost of addressing the mess – whether physical, financial or of their own making – has just got more expensive.
Water was once a haven for long-term investors who enjoyed reliable returns from monopoly providers of an essential resource. For many years, water enjoyed a “halo effect” with cheaper borrowing costs than other industries.
This chart shows yields for water industry bonds, effectively the interest rate on their debt, compared to an index of other UK corporate bonds. While borrowing costs for everyone increased following the global inflation spike in early 2022, water remained cheaper.
In July 2023, after the full scale of the crisis at Thames Water emerged, the lines crossed over and water debt became more expensive. Water now has a premium attached, growing to almost a full percentage point by the end of this year.
And it is not just Thames. Ratings agencies have downgraded several water companies, damaging confidence in the entire sector. All companies face higher costs for borrowing, from the publicly listed Severn Trent, to distressed Thames, trying to secure terms on a £3bn bridging loan at an eye-watering 9.75%.
To meet these rising costs of capital water companies are now arguing that Ofwat should not only let them raise customer bills, but that investors need a greater return to commit money to the sector.
Luke Hickmore, investment director at abrdn, part of the Thames Water creditors’ group, said: “Water companies are facing a significantly higher cost of funding at the same time as seeing a growing need for infrastructure investment to maintain water and sewage systems.
“Investors have placed a risk premium on the entire industry because of uncertainty over whether the regulatory framework can support this increased investment need, and this drop in confidence has accelerated since Ofwat’s Draft Determination in July.
“Weaker companies with higher debt have suffered more, right at the time when many of them are looking for additional capital to meet the needs of customers and environment for the next five years and beyond.
“This financial strain and deteriorating investor support means higher cost of borrowing, which eventually feeds through to customer bills.”
All of which means your water bill is about to go up, though how much depends on where you live, and unlike other privatised utilities you can’t switch.
Wherever Ofwat draws its line this will be the most significant bill hike since privatisation. For decades the regulator and politicians were focused on affordability, leaving bills lower in real terms today than they were a decade ago.
But it is clearer than a chalk stream that this approach stored up trouble, and whether you blame poor management, corporate greed, slack regulation, political indifference, or the principle of privatisation itself, the industry faces a critical moment.
Tesla’s board has signed off a $29bn (£21.8bn) share award to Elon Musk after a court blocked an earlier package worth almost double that sum.
The new award, which amounts to 96 million new shares, is not just about keeping the electric vehicle (EV) firm’s founder in the driving seat as chief executive.
The new stock will also bolster his voting power from a current level of 13%.
He and other shareholders have long argued that boosting his interest in the company is key to maintaining his focus after a foray into the trappings of political power at Donald Trump‘s side – a relationship that has now turned sour.
Musk is angry at the president’s tax cut and spending plans, known as the big beautiful bill. Tesla has also suffered a sales backlash as a result of Musk’s past association with Mr Trump and role in cutting federal government spending.
Image: Tesla’s Elon Musk is seen on stage during an event in Shanghai Pic: Reuters
The company is currently focused on the roll out of a new cheaper model in a bid to boost flagging sales and challenge steep competition, particularly from China.
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The headwinds have been made stronger as the Trump administration has cut support for EVs, with Musk admitting last month that it could lead to a “few rough quarters” for the company.
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Tesla is currently running trials of its self-driving software and revenues are not set to reflect the anticipated rollout until late next year.
Musk had been in line for a share award worth over $50bn back in 2018 – the biggest compensation package ever seen globally.
But the board’s decision was voided by a judge in Delaware following a protracted legal fight. There is still a continuing appeal process.
Earlier this year, Tesla said its board had formed a special committee to consider some compensation matters involving Musk, without disclosing details.
The special committee said in the filing on Monday: “While we recognize Elon’s business ventures, interests and other potential demands on his time and attention are extensive and wide-ranging… we are confident that this award will incentivize Elon to remain at Tesla”.
It added that if the Delaware courts fully reinstate the 2018 “performance award”, the new interim grant would either be forfeited or offset to ensure no “double dip”.
The new compensation package is subject to shareholder approval.
Banks will still most likely have to fork out over discretionary commissions – a type of commission for dealers that was linked to how high an interest rate they could get from customers.
The FCA, which banned the practice in 2021, is currently consulting on a redress scheme but the final bill is unlikely to exceed £18bn. Overall, the result has been better than expected for the banks.
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Lloyds, which owns the country’s largest car finance provider Black Horse, had set aside £1.2bn to cover compensation payouts.
Following the judgment, the bank said it “currently believes that if there is any change to the provision, it is unlikely to be material in the context of the group”.
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The judgment released some of the anxiety that has been weighing over the Bank’s share price.
Jonathan Pierce, banking analyst at Jefferies, said the FCA’s prediction was “consistent with our estimates, and most importantly, we think it largely de-risks Lloyds’ shares from the ‘motor issue'”.
Bank stocks have responded robustly to each twist and turn in this tale, sinking after the Court of Appeal turned against them and jumping (as much as 8% in the case of Close Brothers) when the Supreme Court allowed the appeal hearing.
Concerns about this volatility motivated the Supreme Court to deliver its judgment late in the afternoon so that traders would have time to absorb the news.
Thousands of motorists who bought cars on finance before 2021 could be set for payouts as the Financial Conduct Authority (FCA) has said it will consult on a compensation scheme.
In a statement released on Sunday, the FCA said its review of the past use of motor finance “has shown that many firms were not complying with the law or our disclosure rules that were in force when they sold loans to consumers”.
“Where consumers have lost out, they should be appropriately compensated in an orderly, consistent and efficient way,” the statement continued.
The FCA said it estimates the cost of any scheme, including compensation and administrative costs, to be no lower than £9bn – adding that a total cost of £13.5bn is “more plausible”.
It is unclear how many people could be eligible for a pay-out. The authority estimates most individuals will probably receive less than £950 in compensation.
The consultation will be published by early October and any scheme will be finalised in time for people to start receiving compensation next year.
What motorists should do next
The FCA says you may be affected if you bought a car under a finance scheme, including hire purchase agreements, before 28 January 2021.
Anyone who has already complained does not need to do anything.
The authority added: “Consumers concerned that they were not told about commission, and who think they may have paid too much for the finance, should complain now.”
Its website advises drivers to complain to their finance provider first.
If you’re unhappy with the response, you can then contact the Financial Ombudsman.
The FCA has said any compensation scheme will be easy to participate in, without drivers needing to use a claims management company or law firm.
It has warned motorists that doing so could end up costing you 30% of any compensation in fees.
The announcement comes after the Supreme Court ruled on a separate, but similar, case on Friday.
The court overturned a ruling that would have meant millions of motorists could have been due compensation over “secret” commission payments made to car dealers as part of finance arrangements.
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The FCA’s case concerns discretionary commission arrangements (DCAs) – a practice banned in 2021.
Under these arrangements, brokers and dealers increased the amount of interest they earned without telling buyers and received more commission for it. This is said to have then incentivised sellers to maximise interest rates.
In light of the Supreme Court’s judgment, any compensation scheme could also cover non-discretionary commission arrangements, the FCA has said. These arrangements are ones where the buyer’s interest rate did not impact the dealer’s commission.
This is because part of the court’s ruling “makes clear that non-disclosure of other facts relating to the commission can make the relationship [between a salesperson and buyer] unfair,” it said.
It was previously estimated that about 40% of car finance deals included DCAs while 99% involved a commission payment to a broker.
Nikhil Rathi, chief executive of the FCA, said: “It is clear that some firms have broken the law and our rules. It’s fair for their customers to be compensated.
“We also want to ensure that the market, relied on by millions each year, can continue to work well and consumers can get a fair deal.”