Flatmate ran up utility bill debt in his name then moved out

[SMT2013]

Hi everyone
Sorry I didnt know where this should go as I'm new to the forum.Here is the problem;I moved in with my ex-flatmate in june '12 on a joint tenancy. He'd rented the property with two different flatmates in the previous two years in the same situation. I paid the bill money to him as did the others before me.

The utility bills, gas and electric, were registered to him and him alone for these 3 years, in which time he'd apparently ran up a 'significant amount of debt.

My flatmate left the flat last week after he asked to end our renewed tenancy early to move in with his girlfriend, my landlord and myself agreed to this and my friend now sublets the room from me after the landlord agreed, but the new tenancy agreement is solely with me as it was to speed up the switch.

My new flatmate was trying to change the utility bill into both of our names but was told he couldn't as he wasn't on the tenancy agreement and they informed him of the significant debt, didn't say the amount .

I was just wondering how I should approach this as they mentioned that anybody living in the property with my ex flatmate would be liable due to the joint tenancy, however they don't know I was a flatmate of his.

My argument would be:
1. The contract was made with the electric company before I moved in and also never changed during my tenancy.
2. I was never made aware of any debt as any correspondence from them was only addressed to my ex-flatmate - however I did notice a prepay meter for gas last week in the cupboard on the flat staircase when looking for the readings to swap the account
3. I already paid my share to him, he didn't pay them - I imagine this will be fobbed off as they don't care for our personal arrangements.
4. I have contacted my exflatmate and he has said he will clear the debt with his deposit from the flat - I have proof in the form of a text so doubt that will count for much.
5. The most I could me liable for is the bills themselves during my tenancy, and none of the additional charges for late payments etc due to point 2.

I was just hoping somebody could tell me, before i contact the utility company where I stand in a legal perspective in A. debt with the utility companies and B. With my flatmate for technically stealing from me, if I am made to pay the debt

Thanks very much in advance

[PlanB]

Re: Flatmate ran up utility bill debt in his name then moved out

The utility bills, gas and electric, were registered to him and him alone for these 3 years, in which time he'd apparently ran up a 'significant amount of debt. . . .

. . . . . My new flatmate was trying to change the utility bill into both of our names but was told he couldn't as he wasn't on the tenancy agreement and they informed him of the significant debt, didn't say the amount .

. . . . I was just wondering how I should approach this as they mentioned that anybody living in the property with my ex flatmate would be liable due to the joint tenancy, however they don't know I was a flatmate of his.

I think I've understood the situation.

There are utility accounts (i.e. legal contracts) in the name of Mr A. They have got a debit balance which needs to be paid. In law Mr A owes that debt and not anyone else. Any private arrangement between flatmates or parents (I'm always paying my daughter's bills ) is irrelevant.

Now along comes Mr B (you) who wants to open a new account with the utility companies. You give them meter readings and open the account in any name you like - or two names for that matter. Again it's none of the utility company's business what went on in the past with a completely different customer.

To make it easier why don't you approach a new supplier to avoid these silly conversations with the old one. Go on a comparison website and check out the cheapest provider in your area, give them meter readings (take digital photos of the meters for the record) and sign up. Simples

[SMT2013]

Re: Flatmate ran up utility bill debt in his name then moved out

Thanks plan B I was just wondering if that would be legal since the sign up for swapping supplier asks how long I've been at the address, and although my new tenancy started last week I've been there a year.

Also if I were to do as you say above, would the current supplier try recover the money from the landlord? He's a top bloke and I'd rather not get him in the brown stuff because my ex-flatmate ran away from the debt.

[PlanB]

Re: Flatmate ran up utility bill debt in his name then moved out

just wondering if that would be legal since the sign up for swapping supplier asks how long I've been at the address, and although my new tenancy started last week I've been there a year.

Oh dear and there was me thinking you were all lined up for a free meerkat

[PlanB]

Re: Flatmate ran up utility bill debt in his name then moved out

what would be legal since the sign up for swapping supplier asks how long I've been at the address, and although my new tenancy started last week I've been there a year.

Also if I were to do as you say above, would the current supplier try recover the money from the landlord? He's a top bloke.

Seriously though why doesn't your new flatmate (not you) sign up with the new utility suppliers since he/she can say hand-on-heart that they have only been living at the address since five minutes ago.

But I'm more concerned about your new tenancy agreement. Your Landlord may be a "top bloke" but he should give you a tenancy agreement which reflects the true situation. It may be easier for him to have the AST in your name only but that's not a good thing for you. While I'm sure your new flatmate will pay the rent you need to consider what would happen if he doesn't because you would be liable for his debt. If your flatmate lost his job then he wouldn't be able to claim Local Housing Allowance (previously known as Housing Benefit) because his name is not on the tenancy agreement. And so on. You need to get this situation regularised. I can help you with this if you want

[PlanB]

Re: Flatmate ran up utility bill debt in his name then moved out

although my new tenancy started last week I've been there a year.

Also if I were to do as you say above, would the current supplier try recover the money from the landlord? He's a top bloke and I'd rather not get him in the brown stuff because my ex-flatmate ran away from the debt.

The current supplier can try to recover the money from the Landlord but they won't be entitled to it. The person named on the supplier's contract will be the person who owes the debt and no one else. The Landlord will be protected since the original tenancy agreement will (normally) contain a clause which makes the tenants named on the AST responsible for paying all utilities, TV Licence and Council Tax. It seems from your first post that your name was on the original tenancy agreement but since you didn't have your name on the utility account/bills there's no way they can get the money from you. However since your name was also on the AST you may have an obligation to your Landlord to pay the outstanding balance.

If your Landlord is concerned then he should establish the amount of the debt and then pay it out of the deposit he is holding from your ex-flatmate. That's perfectly legal since the deposit is to fund any breaches of the tenancy agreement, and not paying the utilities is likely to be one of those breaches. You say your ex-flatmate has already offered to do this anyway. Keep that text message and send it to your Landlord so he's covered himself in the event of a dispute under the TDS.

[PlanB]

Re: Flatmate ran up utility bill debt in his name then moved out

My flatmate left the flat last week after he asked to end our renewed tenancy early to move in with his girlfriend, my landlord and myself agreed to this and my friend now sublets the room from me after the landlord agreed, but the new tenancy agreement is solely with me as it was to speed up the switch.

I've just noticed that you live in Scotland where tenancy agreements are different so you may need to check whether your old one did include utility bills. I'm not familiar with Scottish law but there's some information here which may help you:

http://scotland.shelter.org.uk/get_a...ured_tenancies

[SMT2013]

Re: Flatmate ran up utility bill debt in his name then moved out

I've just noticed that you live in Scotland where tenancy agreements are different so you may need to check whether your old one did include utility bills. I'm not familiar with Scottish law but there's some information here which may help you:

http://scotland.shelter.org.uk/get_a...ured_tenancies

Plan B thanks again for all the information.

I had to pay the bill due to the post you put above (Thankfully got them to remove all the late fees and other additional charges, by threatening to switch after I sorted this).

Guess it'll be small claims court if my ex-flatmate doesn't pay up.

[PlanB]

Re: Flatmate ran up utility bill debt in his name then moved out

Plan B thanks again for all the information. I had to pay the bill due to the post you put above. Guess it'll be small claims court if my ex-flatmate doesn't pay up.

I had a sneaky feeling that you guys may do things differently in Scotland. If your ex-flatmate doesn't reimburse you for the money he took from you than I will support you all the way to the Small Claims Court.

Do you have any way of proving any money you paid to him was exclusively for the payment of these utility bills?