Gas Bill in ex-house mates name. Am I liable

sharp910sh

Could I then take someone to court, for a preivous tenant who didnt pay the bill when they left?

Cardew

sharp910sh wrote: »

Could I then take someone to court, for a preivous tenant who didnt pay the bill when they left?

May I ask if you are not from UK?

As I attempted to point out earlier, anyone can 'take a person' to a Small Claims court in England - it is a civil action.

The attraction of the Small Claims court is that costs are minimal and procedings are informal.

If you were making the claim, you would be asked to state your case. The person who you are suing then states his case. The Judge asks questions and makes a decision!

LittleVermin

sharp910sh wrote: »

Could I then take someone to court, for a preivous tenant who didnt pay the bill when they left?

Yes, of course. The 'small claims' route is open to everyone. Here's the official info http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
and there's lots of info on-line too. Just google.

***
Several people have spent their time answering your original post about your argument with your ex-housemate. You obviously don't like some - or all - of the answers so you are now arguing with people who have tried to help (rather than clicking the "Thanks" button!).

Maybe the final advice would be not to share a house again until you're a bit older, Jason. But you probably won't like that advice either.

sharp910sh

i see. well it makes no sense to me. if the bill is in my name i am liable.

macman

You seem quite unable to distinguish between being liable for the bill produced by the utility co. (which you are not) and a share of the costs payable by the whole household (which you are). 2 entirely different things.

abby1234519

sharp910sh wrote: »

Yes, i agree. i cant see me oweing him any money at all. because the bill was in his name. he took the risk.

Legally, what can he do? when the bill is in his name.

Based on the experience my friend is going through....

Her housemate moved out in November but was on the tenancy till Beginning of February.

BECAUSE she was on the tenancy and the tenancy says that the tenants are responsible for bills it doesn't REALLY matter who is on the bill. The energy company asked for a copy of the tenancy and a letter from the LL stating when the tenant ended their tenancy (not moved out physically).

My friend is currently going through small claims court to recove the third of the bill for water and energy. She is doing this because obviously no one else was able to move in till the tenant had ended her tenancy. Basically the tenant was liable whether she was there or not.


So yes, you weren't on the bill. But he can get the money off you through small claims court. If he can prove you lived there then he can get you to pay the bills up to the date your tenancy ended.

lazer

abby1234519 wrote: »

Based on the experience my friend is going through....

Her housemate moved out in November but was on the tenancy till Beginning of February.

BECAUSE she was on the tenancy and the tenancy says that the tenants are responsible for bills it doesn't REALLY matter who is on the bill. The energy company asked for a copy of the tenancy and a letter from the LL stating when the tenant ended their tenancy (not moved out physically).

My friend is currently going through small claims court to recove the third of the bill for water and energy. She is doing this because obviously no one else was able to move in till the tenant had ended her tenancy. Basically the tenant was liable whether she was there or not.


So yes, you weren't on the bill. But he can get the money off you through small claims court. If he can prove you lived there then he can get you to pay the bills up to the date your tenancy ended.

I don't think what your friend is doing is very fair actually, if i moved out of a house even if i was still paying the rent i would expect my liability for any utility USAGE to be ended since i wasn't actually using the utilities, obviously i would expect to pay my share of any fixed contracts, phone, internent, etc if these could not be cancelled, as well as the standing charges for utilities, but not any actual usuage incurrec after i had moved out. I hope the court finds against your friend, as it should be the remaining 2 housemates who are responsible for the utilities they used.

OP - you are laible for paying your share of the utilities, however as the housemate owes you money, I would be inclined to do as previously suggested, and write a letter telling your ex housemate to take the money out of what he owes you.

abby1234519

lazer wrote: »

I don't think what your friend is doing is very fair actually, if i moved out of a house even if i was still paying the rent i would expect my liability for any utility USAGE to be ended since i wasn't actually using the utilities, obviously i would expect to pay my share of any fixed contracts, phone, internent, etc if these could not be cancelled, as well as the standing charges for utilities, but not any actual usuage incurrec after i had moved out. I hope the court finds against your friend, as it should be the remaining 2 housemates who are responsible for the utilities they used.
.

It IS fair. Reason being this tenant REFUSED to end her tenancy when she moved out, she left at the end of november but had decided in October that she was going to hop skip and jump so had plenty of time to hand her notice in...it was planned... this housemate then basically wasted 2 and a half months of tenancy when my friend had someone who wanted to move in. She did it deliberately because she knows how expensive the bills can get for that flat. Its basically a massive 4 bed flat with a huge living room, huge bedrooms and all that jazz. So the energy costs for it can be high ( I used to live there so I have first hand experience a couple of years ago). She turned up her radiators in her bedroom (all 4) when she left. So dividing the bills by 2 rather than 3 (3 housemates) made a massive difference.

That is why it is fair

lazer

abby1234519 wrote: »

It IS fair. Reason being this tenant REFUSED to end her tenancy when she moved out, she left at the end of november but had decided in October that she was going to hop skip and jump so had plenty of time to hand her notice in...it was planned... this housemate then basically wasted 2 and a half months of tenancy when my friend had someone who wanted to move in. She did it deliberately because she knows how expensive the bills can get for that flat. Its basically a massive 4 bed flat with a huge living room, huge bedrooms and all that jazz. So the energy costs for it can be high ( I used to live there so I have first hand experience a couple of years ago). She turned up her radiators in her bedroom (all 4) when she left. So dividing the bills by 2 rather than 3 (3 housemates) made a massive difference.

That is why it is fair

Did your friends not turn the radiators off then? I lived in a 4 bed house with "friends" once, however if someone was away for a month or two and pro-rated the energy bills accordingly.

I lived in a one bedroom flat and have been sem moved out for six months now - job closer to my parents, this flat normally costs over £200 a quarter in electricity, however in the full 6 months, the lectricity has been £70 and i did leave the heat on low over the winter etc.
Now imagine that this was a 2 bed flat and i had moved out, but my falt mate was still living there and my tenancy continuing, the electric bills for the 6 months would probably have been £350 for the 6 months, so if i had to pay half that would have been £175 as opposed to my real cost of £70.

Your friends housemate had left, the utilities were of no benefit to her, whereas your friend who was still living in the house was i assume the one who put the heating on (regardless of the radiators in the girls room), if the heating had not have been on there would still have been no cost!
I think at the very minimum the bills need to be less for the girl who moved out, maybe charge her half of her third of the bills or something similar.

What the girl did wasn't nice, but that doesn't mean its right to overcharge her!
If it a 4 bed flat with only 3 housemates, why couldn't the friend move in anyway?

I suspect there is a lot more this than you have said.

Devils-Advocate_3

sharp910sh wrote: »

i see. well it makes no sense to me. if the bill is in my name i am liable.

Here's an idea. If you come on here asking for advice, then LISTEN to what people are telling you. :mad:

Your name not being on the bill is IRRELEVANT if he decides to take you to a small claims court.