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What's the best thing to do in this case?(bill payments, tenancy agreement)
billquestion
Posts: 33 Forumite
Here is the scenario:
-I rented an apartment alone as a tenant.
-Duration of my actual stay: 20 March 2012 - 10 June 2012
-Type of tenancy agreement: Assured Shorthold Tenancy
-Original term of contract: 1 month, starting from 20 March
-The tenancy agreement states this: 'If the Tenant stays on after the end of the fixed term with the consent of the Landlord, a new tenancy will arise that will run from month to month or week to week ('a periodic tenancy'). This periodic enancy can be ended by the Tenant giving at least one month's written notice to the Landlord, the notice to expire att the end of the rental period.'
- My rent is paid until the 20th of June
So these were the details.
Here is the story part:
I had an urgent situation that forced me to leave (was unemployed then I found a job in another city) and I found out all this on the 8th of June so on the 9th of June I informed my landlord in a text message that I had to leave. I tried to call him many times but he did not pick up the phone. Then on the 10th of June I paid my council tax until that day and left the city. Then later I paid my water bills too up until the 10th of June then I found out that I haven't been registered at any companies for the energy bills by calling the energy company (I did not register there because I was not sure how the system works... I learned my lesson ) so I haven't bothered with that yet, but I realized today that even though I am not registered now my ex landlord can go and registed me subsequently. I've been trying to get in touch with my landlord on his phone with very little success over the past months, I've called him several times but he only answered the phone up, the two things he said were ('You don't owe ME anything'...'Call me tomorrow, I'm busy now') Needless to say, since then I can't get a hold of him, no matter how often I call...
So my questions are:
1, Is it ok that I paid my water bills and council tax until 10 June , the day I moved out or am I obligated to pay them until 20 June because that's when my tenancy ends?
2, Should I be worried that because I gave a late notice (according to the Tenancy Agreement) to the landlord he might be so cruel that he'll somehow report that I did not inform him in time so he'll want me to pay the bills until the 20th of July instead or is it something I shouldn't worry about? I mean he'd inform the utility companies and the city council. Is this a possibility at all?
4, Should I pay the electricity bills or is it not necessary since the account was on someone else's name?
5, Should I call the water company and the council that I want to pay 10 more days (from 10th of June to 20th of June) because that's when my tenancy ends? At the City Council they've already gave me a final bill and all the papers and they accepted that I was leaving and it's all fine there, with the water company my account was closed after I paid until the 10th of June.
6, What is the best thing I can do in order to minimize my chances of getting a bad credit score or becoming a person owing money to these companies and city council possibly?
Sorry if some sentences are not corretct, it's quite late now but I want to close this case as soon as possible because it stresses me quite a bit.
-I rented an apartment alone as a tenant.
-Duration of my actual stay: 20 March 2012 - 10 June 2012
-Type of tenancy agreement: Assured Shorthold Tenancy
-Original term of contract: 1 month, starting from 20 March
-The tenancy agreement states this: 'If the Tenant stays on after the end of the fixed term with the consent of the Landlord, a new tenancy will arise that will run from month to month or week to week ('a periodic tenancy'). This periodic enancy can be ended by the Tenant giving at least one month's written notice to the Landlord, the notice to expire att the end of the rental period.'
- My rent is paid until the 20th of June
So these were the details.
Here is the story part:
I had an urgent situation that forced me to leave (was unemployed then I found a job in another city) and I found out all this on the 8th of June so on the 9th of June I informed my landlord in a text message that I had to leave. I tried to call him many times but he did not pick up the phone. Then on the 10th of June I paid my council tax until that day and left the city. Then later I paid my water bills too up until the 10th of June then I found out that I haven't been registered at any companies for the energy bills by calling the energy company (I did not register there because I was not sure how the system works... I learned my lesson ) so I haven't bothered with that yet, but I realized today that even though I am not registered now my ex landlord can go and registed me subsequently. I've been trying to get in touch with my landlord on his phone with very little success over the past months, I've called him several times but he only answered the phone up, the two things he said were ('You don't owe ME anything'...'Call me tomorrow, I'm busy now') Needless to say, since then I can't get a hold of him, no matter how often I call...
So my questions are:
1, Is it ok that I paid my water bills and council tax until 10 June , the day I moved out or am I obligated to pay them until 20 June because that's when my tenancy ends?
2, Should I be worried that because I gave a late notice (according to the Tenancy Agreement) to the landlord he might be so cruel that he'll somehow report that I did not inform him in time so he'll want me to pay the bills until the 20th of July instead or is it something I shouldn't worry about? I mean he'd inform the utility companies and the city council. Is this a possibility at all?
4, Should I pay the electricity bills or is it not necessary since the account was on someone else's name?
5, Should I call the water company and the council that I want to pay 10 more days (from 10th of June to 20th of June) because that's when my tenancy ends? At the City Council they've already gave me a final bill and all the papers and they accepted that I was leaving and it's all fine there, with the water company my account was closed after I paid until the 10th of June.
6, What is the best thing I can do in order to minimize my chances of getting a bad credit score or becoming a person owing money to these companies and city council possibly?
Sorry if some sentences are not corretct, it's quite late now but I want to close this case as soon as possible because it stresses me quite a bit.
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Comments
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Did you pay rent monthly? if so you should have given notice (in writing) prior to the start of a rental period. So if you gave notice on 9th of June that woukd be effective to 20th July, ie the end of the next rental period.
So LL is entitled to hold you accountable for the property including bills up to 20 July. Since notice was not correctly served it would be best to get written agreement as to what date the tenancy is agreed to be surrendered.
Council tax is slightly different in that you should only pay once. So the best way to stop your liability at the old place is to register and start paying where you have moved to.
The best way to avoid bad credit history is to pay your bills. The utility companies will eventually catch up with you and pursue you for the money you owe.0 -
If water is metered no water should be used after T has left. If the meter shows some consumption this must have been used by the LL, a new T or a leak which would be the LL's responsibility.0
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If water is metered no water should be used after T has left. If the meter shows some consumption this must have been used by the LL, a new T or a leak which would be the LL's responsibility.
Water bills include more than water supply.This is an open forum, anyone can post and I just did !0 -
Tenants should give written notice to the address on the contract. The notice should give not less than one whole tenancy period as notice and their end date should be the last day of a tenancy period.
The tenant should register all utilities in their name from when the tenancy begins until it ends. The tenant should notify the utility companies of the last day of their tenancy and provide meter readings. The tenant is definitely liable for council tax until the end of the tenancy, not just last day of occupation but could inform them of what dates it is unoccupied, and should deal directly with all utility companies and not the landlord.
The OP should communicate with the landlord in writing over the issues about incorrect notice and when the tenancy actually ended. Then he should communicate with every utility company and pay what he owes.Don't listen to me, I'm no expert!0 -
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You didn't give late notice you have not given ANY notice, a text message is NOT notice you terminate a legally binding contract in writing. If you have not done this the landlord should not take back possession without going through the courts (yes even if you know you have vacated). You would be wise to serve proper notice to quit now IMO. This is one month coinciding with a rent period. If you had served notice at the time you would be a tenant up to 19 July. Note that 20 to 20 is one month and one day not one month.
In self contained accommodation like a flat the tenant is almost always liable for the utility bills, regardless if they register their name. The tenant is liable for the bills until the end of the tenancy, which is the date you served proper notice and moved OR the date the landlord evicted you through the courts. At the earliest it is 19 July. If you have given the council the wrong date you will need to change this. Write to all your creditors advising them of the meter readings and dates of occupation then make offers to pay in installments. You are most likely to be chased through the courts if you ignore the fact that you owe money.
Having said all this if a new tenant moved in before the official end of your tenancy, you can pay bills just until the day they moved in. If the flat has been empty it is not cruel of your landlord to expect the tenant to fulfil his legal obligations, that is the law and someone has to pay, why should he have to fork out because you didn't serve proper notice nor pay all the bills during the tenancy?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
If the landlord says you don't owe him anything then I'd be happy with that, because as others have said you've not followed the correct legal procedure for leaving the property.
I would get in touch with each of the utility companies to settle up any bills. I would have thought (from common sense rather than legal knowledge) that it would be OK to explain the situation in writing (possibly just say moved out 10th July and don't mention tenancy) and ensure they have your contact details if they have any queries. Then start worrying about further bills if/when you are invoiced.Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.0 -
Tenants should give written notice to the address on the contract. The notice should give not less than one whole tenancy period as notice and their end date should be the last day of a tenancy period.
The tenant should register all utilities in their name from when the tenancy begins until it ends. The tenant should notify the utility companies of the last day of their tenancy and provide meter readings. The tenant is definitely liable for council tax until the end of the tenancy, not just last day of occupation but could inform them of what dates it is unoccupied, and should deal directly with all utility companies and not the landlord.
The OP should communicate with the landlord in writing over the issues about incorrect notice and when the tenancy actually ended. Then he should communicate with every utility company and pay what he owes.
This is the problem...my ex landlord does not even pick up the phone...how can I expect him to respond to my written letter about this issue?
If anything, in case I write him he'll just have proof that I missed to inform him and he'll realize that he can make me responsible to pay for several months of bills for times when I did not even live in the flat.
Now no one has proof if I noticed him on my leave or not in writing.
In theory he has the power at this moment to make me responsible to pay all bills forever basically...Am I right? This is a joke.
On the phone he told me that I don't owe him anything so basically in theory he's fine that I moved out and everything but now if he's a very cruel person then he can hurt me quite badly with this situation if he wants.
It's a good learning lesson for me to be more careful in the future.
By the way even if I had written him a letter before informing him about my moving out, he in theory could just tear that letter apart and say that I hadn't told him that I left so he could bill me forever basically.
I have a document from the city council stating that I paid the council tax and I moved to xyz new address on the 10th of June so I have some proof in my hands if anything happens.
I wish I had familiarized myself with the laws surrounding tenancy before I moved in but I was negligent and naive.0 -
If the landlord says you don't owe him anything then I'd be happy with that, because as others have said you've not followed the correct legal procedure for leaving the property.
I would get in touch with each of the utility companies to settle up any bills. I would have thought (from common sense rather than legal knowledge) that it would be OK to explain the situation in writing (possibly just say moved out 10th July and don't mention tenancy) and ensure they have your contact details if they have any queries. Then start worrying about further bills if/when you are invoiced.
If no one has a better answer then this is what I will do probably.
Settle all my bills until 20 June and give the city council and the utility companies my new contact details and then hope for the best.0 -
I have a document from the city council stating that I paid the council tax and I moved to xyz new address on the 10th of June so I have some proof in my hands if anything happens.
That still doesn't mean that you are not liable for the council tax until the end of tenancy at your previous address.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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