Lodger liable for arrears?

FoxyBoxy

Hi,

I may need to get proper legal advice on this but was hoping some people here might have some useful information in the meantime.

I've been lodging with a guy for the last two years. I've paid him a sum for rent and all bills each month and in turn he has been the only named tenant and the only person on the utility bills. Now, as he is about to move out, I've found out that there are several thousand pounds of arrears owed to our gas and electricity supplier.

I may have the option of taking over the tenancy of our flat, but am worried that this may come back to haunt me. I'm especially worried that if I approach the utility company, say I'm the new tenant and ask for a new account to be set up, they will look at electoral roll and credit records that show my residency there and assume that I'm essentially putting up a front to get around the arrears.

So does anyone know:

1) Is it possible that I might be held legally liable for the arrears, even if I was never on the tenancy or utility contract?
2) Is it likely the company would pursue me, or even simply transfer the arrears to my account, if I take over the tenancy?

In other words, would it be more hassle than it is worth to continue to live in this flat?

FoxyBoxy

I should add there has never been any formal contract between me and my housemate regarding rent or bills.

spiro

1) Yes - you are deemed jointly liable (there is a legal phrase for this but I cant remember it) and if he 'vanishes' they will come after you. You'll find various threads on here normally relating to student shared houses.
2) They will pursue anyone who lived there.

Can you prove that you paid him rent and utilities - bank statements, rent book???

Move out before he does would be my advice but even that may not protect you.

Another option (risky) would be to write to the supplier and explain that you have just discovered that your landlord has been failing to pay the money you have given him for the utilities.

Cardew

spiro wrote: »

1) Yes - you are deemed jointly liable (there is a legal phrase for this but I cant remember it) and if he 'vanishes' they will come after you. You'll find various threads on here normally relating to student shared houses.
2) They will pursue anyone who lived there.

Can you prove that you paid him rent and utilities - bank statements, rent book???

Move out before he does would be my advice but even that may not protect you.

Another option (risky) would be to write to the supplier and explain that you have just discovered that your landlord has been failing to pay the money you have given him for the utilities.

I am not sure that all occupants are 'Jointly and Severally liable' when the account is in one persons name.

You are correct about lots of issues with student houses, but that is normally when the account isn't in someones name,(but as the occupier,) or in joint names.

The difficulty is that the Utility company will pass the debt to a Debt Collection Agency and they are not bothered about the finer points of the law.

IMO the debt is squarely with the account holder and I would take over the account saying 'I am the new tenant and the meter readings are ..'

macman

OP also has the option of a small claims process against the former tenant for charging for utilities and then pocketing all the dosh...
However I suspect this may have been a cash arrangement, so proving it will be tricky.

spiro

Cardew wrote: »

IMO the debt is squarely with the account holder and I would take over the account saying 'I am the new tenant and the meter readings are ..'

The problem with that is the poster has already indicated that they are on the electoral role etc for the address. Staying there and proving you have no responsibility for the previous bills will be difficult in my view.

Cardew

spiro wrote: »

The problem with that is the poster has already indicated that they are on the electoral role etc for the address. Staying there and proving you have no responsibility for the previous bills will be difficult in my view.

You won't have run up a bill for 'several thousand pounds' for gas and electricity in two years.

In fact it is difficult to see how a Utility company would have let a debit balance of that size build up?? They would have put in a Pre-Payment meter long beforehand.

IMO if someone's name is on the account, they will hold him responsible and not get involved in a 'Third Party dispute'. In fact I happen to know that a Spiro stayed there for a couple of months last summer - will they come after you;)

Seriously without knowing how long a person stayed in the property, the financial arrangements, etc etc - there is no way a Utility company could take the guy(or you!) to court

Or, the tenant could say the Landord was responsible for all bills - would they chase him?

The point is that if you were correct and the OP could be made responsible - running away will achieve -what!

[Deleted User]

As you say you are a lodger. Find a new place to live. Job done...

SYNERGY

spiro wrote: »

The problem with that is the poster has already indicated that they are on the electoral role etc for the address. Staying there and proving you have no responsibility for the previous bills will be difficult in my view.

..........already indicated that they are on the electoral role etc for the address.

Being on the electoral roll in this instance for a property does not constitute any responsibility for rent, council tax, utility bills etc unless the property, and, or, the utility accounts are in joint names.

How can it ?

All being on the electoral roll does is determine that the person was staying at that address on one specific date.

spiro

SYNERGY wrote: »

..........already indicated that they are on the electoral role etc for the address.

Being on the electoral roll in this instance for a property does not constitute any responsibility for rent, council tax, utility bills etc unless the property, and, or, the utility accounts are in joint names.

How can it ?

All being on the electoral roll does is determine that the person was staying at that address on one specific date.

It just makes it more difficult to prove you are a 'new tenant' and not an 'old tenant in disguise'.