Tenant won't pay final bills to Tenant that's left, who's liable?

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  • swissjj
    replied
    Thanks Snorkerz. I'll pass onthe information, and hope this gets resolved.

    Leave a comment:


  • Snorkerz
    replied
    Originally posted by swissjj View Post
    (From reading the above it seems Person A is liable. Is there nothing that they can do?)
    Person A writes to person B asking for payment, and threatening court action if it is not paid within 14 days. Keep a copy and get a free certificate of posting.

    After 14 days, person A makes a claim at www.moneyclaim.gov.uk

    Leave a comment:


  • swissjj
    replied
    Hi

    I know someone who is having the exact same problem at the moment. Person A opened a bank account at the start of the tenancy which all bills would be paid from (in a 4 person house). Person B has got into a dispute with everyone and is refusing to pay the final bills (a 6 month gas/electricty bill). Is there anything Person A can do to resolve this?

    All tenants have now moved out and are awaiting their deposits, due to teh tenancy running out.

    Any advice would be much appreciated.

    (From reading the above it seems Person A is liable. Is there nothing that they can do?)

    Thanks

    Leave a comment:


  • jeffrey
    replied
    Originally posted by Snorkerz View Post
    Although T1 is, no doubt, liable to the utility company, I wonder if she has any claim against the landlord who imposed this responsibility on her?
    No. L and T can agree whatever they wish.

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  • sparkie
    replied
    Originally posted by Snorkerz View Post
    So long as you are happy - I'm just playing devils advocate, because if I was T1 I'd be after blood.
    Sure, I understand. T1 should be after T3's blood.

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  • Snorkerz
    replied
    Originally posted by sparkie View Post
    However T3 has paid T1 in the past on utility bills, hence setting a precedent. Its just the final bills T3 is refusing to pay.

    I does say in their contracts to take on the bills in their name and split equally
    So long as you are happy - I'm just playing devils advocate, because if I was T1 I'd be after blood.

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  • sparkie
    replied
    However T3 has paid T1 in the past on utility bills, hence setting a precedent. Its just the final bills T3 is refusing to pay.

    It does say in their contracts to take on the bills in their name and split equally

    Leave a comment:


  • Snorkerz
    replied
    Although T1 is, no doubt, liable to the utility company, I wonder if she has any claim against the landlord who imposed this responsibility on her? If I was in her shoes, that's the angle I'd be investigating.

    Presumably there is no formal contract between T1 & T3 that T1 can enforce? If T1 takes T3 to court, T3 is just going to deny responsibility.

    Leave a comment:


  • sparkie
    replied
    Thanks RaM. I'll try this

    She said in her last email she was going to see Citizens Advice Bureau.. well she's directing her energy at the wrong person (me), when she should be taking T3 to small claims

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  • ram
    replied
    Originally posted by sparkie View Post
    .

    Should I just email her to say the matter is between her and T3 to resolve?
    In the interests of good relations, yes, email her, but point out that the utilties were in her name and her responsibility legaly, and she paid the bills and was responsible to obtain one third from the others.

    She is still responsible to obtain the other tenants share of the bills, as the utilities are not in your name.

    However, help her by telling her you will write to the tenants, saying to all tenants now in the flat ( by letter ) that the utilies are divided equaly, and state that there are unpaid amounts to the previous bill payer, and that you expect them to pay any moneys owing.

    Also ask whos name in now on the utilities bill.

    that's all you can do, just advise, and show that you have reminded your tenants of their obligations, and that's the best thing you can do.
    It may shake the others into paying.

    R.a.M.

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  • sparkie
    replied
    Originally posted by jeffrey View Post
    That's true only between L on the one hand and T+occupants on the other.
    It does not bind external parties- Local Authority, Water Company, suppliers of gas/electricity/telecoms.

    some how T1 still thinks I'm responsible in some way for making or forcing T3 to pay her.

    Should I just email her to say the matter is between her and T3 to resolve?

    Thanks again for all the advice people. Much appreciated

    Leave a comment:


  • jeffrey
    replied
    Originally posted by Springfields View Post
    Tenants all sign for the responsibilty of the utilities when they move into the property and it is assumed that they will share their equal responsibility.

    Obviously you have no liability as they jointly have accepted this via the tenancy.
    That's true only between L on the one hand and T+occupants on the other.
    It does not bind external parties- Local Authority, Water Company, suppliers of gas/electricity/telecoms.

    Leave a comment:


  • Springfields
    replied
    Tenants all sign for the responsibilty of the utilities when they move into the property and it is assumed that they will share their equal responsibility.

    Obviously you have no liability as they jointly have accepted this via the tenancy.

    If TT1 has provided proof that she has paid for her share and TT2s share then in the interest of peace keeping I would contact the TT3 and inform that you have seen evidence that the other 2 have made payment and that up until that date hers remain unpaid, then ask if the utility company are to be given her forwarding address so she can resolve personally or if you have a deposit if she would like you to deduct the amount prior to its return.

    Leave a comment:


  • sparkie
    replied
    Originally posted by Springfields View Post
    Hi

    Could you please explain how the tenancy was set up

    Were they on the same or individual ASTs ?
    Individual ASTs

    Leave a comment:


  • Springfields
    replied
    Hi

    Could you please explain how the tenancy was set up

    Were they on the same or individual ASTs ?

    Leave a comment:

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