Early leaving tenant - who pays utilities?

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    #16
    Eric, I appreciate your views, but I dont see the landlord having accepted surrender in any of his posts. Actually he states that he' understands that he cant re-rent the property until the end of the tenancy'.

    The tenant has offered surrender and from the landlords posts he has not as yet accepted. His actions since the offer of surrender are not those of a landlord who has accepted surrender, unless he is doing things in the property which he has not stated in his posts.

    I would use the following county court to support some of my arguments.

    http://www.letlink.co.uk/case-law/su...ryan-2009.html

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      #17
      Regarding the utilities, I don't believe it makes any difference as to whether or not the tenant has "surrendered tenancy". He has left the property and informed the utilities of this, presumably giving a "closing reading" so will no longer be using the gas, electricity etc and so cannot be charged for it.

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        #18
        In order to accept the T's surrender, all the LL has to do in this situation is reply to his text saying 'I accept your surrender. You are no longer liable for any utility charges', although personally I cannot see this is necessary. The tenancy has clearly surrendered the tenancy and the LL has acted in such a way as to suggest he has accepted that surrender.

        As far as the boiler is concerned, it is in any case the LL's responsibility and the only way OP could justify charging the T for its repair is if the T had damaged it in some way. Very hard to prove, with boilers!
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #19
          Thanks all. It's complicated, of course. I discovered from a neighbour that a few weeks ago there was a leak and the gas board came, switched everyone off, dug up the courtyard and replaced all the pipes that supply the meters (all located in one common utility room). For reasons that remain unclear (and may be forever lost), the T did not get it switched back on. The neighbour related that their flat was inspected, their boiler checked and then the new supply pipe was uncapped.

          This didn't happen at the flat for some reason, and arriving to a vacated flat with no gas supply (no surprise the boiler wouldn't work!) was the first I'd heard about it. A plumber I called in identified where and how the supply was capped, but referred me to the gas board to get it uncapped.

          The saga continues, and I'll be contacting them tomorrow.

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            #20
            Originally posted by drfrot View Post
            a few weeks ago there was a leak and the gas board came, switched everyone off...
            ...the T did not get it switched back on...
            It occurred to me this may be the reason they moved out. Why oh why oh why didn't they contact me?!

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