Previous tenant's dept at shared house

wicketcw

Thanks for all the replies, it is a really tricky situation and I guess the only hope is that everyone is responsible enough to pay their share, though I wouldn't be too happy having previously thought the bills had all been paid!

Mynewt, I think your advice is very good. I will ask for a meter reading to be taken if possible by the company themselves or at least submit my own. The account is in the landlords name so I don't think I can cancel it myself but maybe I can request him to do that and start again.

Premier, yes I understand it is the tenants responsibility but I think they should try to co-operate in the matter. My point is that they have that protection of the contract but we are stuck with whoever they choose to move in at any moment, the new tenant wouldn't be made to agree to any further contracts. I know they have had a tenant in the past who moved in and paid no bills or rent for 6 months! I am just looking forward to moving out (to a place with jus me and my bf) as the whole thing makes me very anxious.

Hopefully someone might read this and learn from my housemates experience but I guess that there is actually no way you can fully protect yourself from situations like this so good luck to anyone who has to share!

Thanks again, the legal info was really interesting, hopefully it won't come to that!

Mynewt

At any point in time if new tenants move in or tenants move out the account should be immediately closed and a new created to fairly represent the occupancy of the property. This is the repsonsibility of the tenants themselves (and in therory letting agent). As has been pointed out the landlord's only obligation is to the property itself not the services - if the landlord owned the meter it might be a different matter but unfortunately he or she doesn't that' belongs to the supplier.

There are ways and means of protecting yourself but only at the time not after the event i'm afraid and as you have pointed out you have to learn from experience be it your own or other peoples.

Fire_Fox

wicketcw wrote: »

Premier, yes I understand it is the tenants responsibility but I think they should try to co-operate in the matter. My point is that they have that protection of the contract but we are stuck with whoever they choose to move in at any moment, the new tenant wouldn't be made to agree to any further contracts. I know they have had a tenant in the past who moved in and paid no bills or rent for 6 months! I am just looking forward to moving out (to a place with jus me and my bf) as the whole thing makes me very anxious.

On a joint tenancy the landlord shouldn't unilaterally decide who lives in the property. If one person wishes to move out, either the tenancy agreement can be varied to allow for a replacement (this requires the permission of all named tenants) OR the tenancy as a whole can be terminated (this only requires one party to give notice) and a new agreement drawn up from scratch. As tenants you have the right to quiet enjoyment and the right of exclusive occupation, which means the landlord can't just give out keys.

Premier_2

wicketcw wrote: »

...Premier, yes I understand it is the tenants responsibility but I think they should try to co-operate in the matter. My point is that they have that protection of the contract but we are stuck with whoever they choose to move in at any moment, the new tenant wouldn't be made to agree to any further contracts. ...

Renting a property where each tenant has a separate tenancy agreement is not something I would do for the very reasons you say.
But it suits some people.
In exchange for the obvious risks, it does mean you could end up with a large property all to yourself for a very cheap rent (if everyone else moves out and no one moves in). Some LL's will do a rent inclusive of bills deal on such a property, but they are not obligated to.

You pays your money, you takes your choice.
Having all tenants on the same tenancy agreement was the only choice I would ever accept, but was aware that if one housemate moved out (or just didn't pay their rent), the remainder would have to make up for the missing rent.

Cardew

wicketcw wrote: »

The account is in the landlords name so I don't think I can cancel it myself but maybe I can request him to do that and start again.

You didn't mention this before! In fact you said "but there was 4 names on the bill"

That throws a completely different light on the situation.

Now it is the Landlords responsibility to chase the other tenants. He cannot just pass the buck to your friend. She is only responsible for her share.

IMO if he is silly enough to have a bill in his name and not check the bills were correct, then he is at fault.