Flat mates won't pay utility bills - can I turn off supply?

ed_r

They are all (except the girls who has just moved in) tenants on a joint and severally liable contract. This will go away in July when they all part. Hopefully they have chosen better next year!

But in the meantime we need to find a legal and reasonable lever to get payment. Citizens advice bureau and legal action I suspect.

Is the CAB section on here working? It doesnt seem to allow me to post to it.

G_M

ed_r wrote: »

I wonder whether you can put a lock on fuse boxes somehow. It's the prospect of no gas overnight which will do the trick.

Is it as simple as turning off the gas supply outside and leaving with the key, perhaps.

The gas will probobly simply have a large tap (more like a handle) next to the gas meter. Sometimes in a box outside the front door (lockable if you are lucky), or maybe under the stairs. If it's in a box, and you happen to have a padlock with you......

Another option would be to ask the landlord to hold back the £150 from their deposits. He might want legal advice to do this, if he is willing.

The landlord can only legally withold the deposit for genuine debts.... to him. ie rent arrears or damage to the property.

The utility bills are entirely between the account holder (daughter) and the utility companies. so no, the LL cannot withold depsoit.

However, who is the 'lead tenant' with regards to the deposit? Usually one of the joint tenants is nominated the 'lead tenant', and their name is logged with the deposit registration scheme, and it is this tenant who will receive back the (entire) deposit at the end of the tenancy.

if this is your daughter, instead of distributing the deposit between each housemate (assuming they each originally contributed), she could put their share of the deposit towards what they owe her.

ed_r

Perfect. That makes absolute sense.

G_M

Of course.

I always make perfect sense.

(leastways ididdy til t-f bren gotintama hed)

yoshiyella

You are considering switching it off but then said two of her flatmates have paid - do you suggest putting those two up in hotel accomodation every weekend until the other two pay?

How about getting solicitor headed paper and asking them to pay or set up a payment plan within 28 days otherwise you will take to small claims court. I know for a small money but may force their hand especially if they know they could get a CCJ from it?

jjlandlord

This is rather a common dodgy arrangement, unfortunately.
Why would a single joint-tenant accept the risk and the administration of the utilities?

Your daughter should start puuting things in writing because ultimately the recourse is to sue for the money.
Likewise if the full deposit is returned to her and she withhold some of it: Those guys may try to sue her for the money and she would need hard evidence to defend.

anselld

ed_r wrote: »

So what do you suggest she does?

It's all very well to leave someone to learn, but sometimes you need to intervene - especially when they are £300 out if pocket!

Well when do you stop intervening? When she graduates, gets married .... she is an adult and has the same access to the same resources as everyone else, citizens advice, courts, etc.

Anyway, there is nothing "safe" you or she could do to shut of the supplies which could not easily be reversed.

The accounts should be in the names of all of the students. Even if your daughter normally takes responsibility to pay all the names should be there. They should not be set up as DD but should be paid quarterly or monthly. This is more expensive but it means she keeps control. In fact all four can pay their share separately if that's what they want. The utility can still sue for any debt and daughter would still be jointly and severally liable but at least they would all be on the same hook as it were. First priority is to set this up with the utilities which should not be a problem as it sounds the accounts are up to date.

Regarding the outstanding debt she has the same options as anyone else in this situation - negotiation, threat(letter before action), small claims court. ( plus retention of deposit if she lead T).

princeofpounds

G_M's advice is very practical.

Small claims court is also relatively straightforward, and the threat of a CCJ may produce results.

Paper records are key.

DRP

OP - hope your daughter has put / is putting everything in writing.

Leverage:

1. As others have said , is she the lead tenant who will receive the full deposit? If so, she is in a really good position.
2. 'Letter before Action' to let address, home address and parents.
3. Talking to the other tenant's and their parents - the parents may be the best people to 'incentivise' their kids to pay.
4. Are other bills the responsibility of the 'bad' tenants? presumably she is withholding those?

Bad situation. What is the reason for withholding the payments?

ChevalierTialys

Do not cut the gas off at the meter.

It is not as simple as turn off and then turn back on again. When you turn the meter off you cut supply. If they use an appliance and consume what gas is left on the house side of the meter, you are then left with pipe work that is empty. When the gas is turn back on it can cause problems with appliances, such as boilers, that may actually damage the appliance and be quite costly to replace.

When the system has been turned of at the meter, when it is re-instated all appliances should be purged by a gas safe registered (used to be corgi registered) plumber.