water bill as a lodger

brummywill

Hi, i recently recieved a letter from a solicitors firm who are acting on behalf of welsh water. They are demanding that im half liable for a water bill of £1423.05. I explained to them that i was just a lodger and that all the bills and rental agreement, was in my ex-housemate's name. They say that his name is also on the file, but that i am also liable, as i was using the water too. I have seeked legal advice(free) but they seem to think i would be part liable or even have to pay the whole amount. I think this is unfair and i should'nt have to pay this, as i didn't sign any rental agreement, as i moved in a year after him (2005) and my name wasn't on any other household bills, i just paid him the monthly rent as agreed, which included all the bills. The only things that connected me to the property were my mobile contract, mobile internet and the electrol roll. Have i got a case or am i part liable?? please help, i am stressing over this.

Cardew

Welcome to the forum.

If the water account is in your housemate's name, then he is responsible for the bill.

If the account wasn't in anyone's name, then it is a far more complicated situation. The position is that everyone who lives in the property is jointly and severally liable for the period they were in occupation. i.e. either of you can be made responsible for the whole bill. It then is a third party dispute between housemate and yourself.

This situation happens a lot in student houses.

The Debt Collection Agency(DCA) are not bothered about the finer points of the law - they will chase anyone for the money.

For that sort of money it would be worth taking your housemate(if you can trace him) to the Small Claims Court.

You can get the DCA to take you to court(if they will) but the situation will(has?) affect your credit record.

macman

Were you a lodger, or were you a sub-tenant? Completely different things.

spiro

The other day I found soemthing that said that OFWAT had changed the rules in terms of who water companies could case for bills which I think centres around 'joint and severaly' liable which in modern english means they can chase both or all of you for the debt. It them becomes a matter for the person the get the money from the sue the other people concerned as a 'third party dispute'.

In your case this could mean you are liable for 100% of the bill for the period you lived there.

RonniesMummy

I can confirm the above, as long as your over 18 and have been living in the property you are responsible for the water charges. It is the new guidelines.

Cardew

I would have thought that being 'joint and severally liable' is simply the Law. Whilst ofwat may be issuing new guidance and its interpretation of the various Parliamentary Acts, they don't make Law.

IMO it has always been the position with all the Utilities and Services that everyone who uses those facilities is potentially 'jointly and severally liable'.

spiro

Cardew wrote: »

I would have thought that being 'joint and severally liable' is simply the Law. Whilst ofwat may be issuing new guidance and its interpretation of the various Parliamentary Acts, they don't make Law.

IMO it has always been the position with all the Utilities and Services that everyone who uses those facilities is potentially 'jointly and severally liable'.

My understanding was that OFWAT got the statute changed.

Gothicfairy

As I understood it, you are liable if you used the supply and they can prove that.
That means for you that they have found you and want you to pay it, you are then able to take others to court as anything outside of the debt is a 3r party dispute