Lodger advice needed - bills after vacating

CIS

peace_lily wrote: »

CIS - yes my 'landlord' (the tenant) lives in the property. The actual landlord (owner) of the property does not.

"I have explained that I have informed the council that I have moved, and therefore they do not expect me to pay council tax for this property. "

. As your 'landlord' was resident in the property then you would not be liable for the council tax charge on the property - If you have received any council tax notices in your name you need to go back to the council.

G_M

Council tax does not seem to be the issue - it's the utilities.

No, our original agreement by email does not say that explicitly say that I am liable for bills for the duration of my tenancy including the notice period.

It does not need to.

Putting aside the pedantic point that it's not a tenancy, if the contract specifies rent and utility bills are payable, that means until the contract ends (unless otherwise stipulated).

Pixie5740

If it were me I don't know that I would pay the bills she is demanding, especially not the council tax because your ex-landlord seems to be making up the amounts as she goes along.

Instead I would request my full deposit back and if it wasn't forthcoming I would send her a letter before action.

I wonder if your ex-LL has been declaring the rental income to HMRC? £1,200 is a lot for a lodger's deposit so I guess you live in London or the South East where rent is high and 12 months worth of rent exceeds the Rent a Room allowance. :whistle:

https://www.gov.uk/rent-room-in-your-home/rent-bills-and-tax

saajan_12

You have a licence not a tenancy, as you're a lodger not a tenant.

Legally, rent and bills are due for the duration of your licence - that only terminates when your notice expires, not when you move out.

Morally, much of utility bills come from fixed or standing charges, so hardly reduce when you move out. Based on your agreement, the LL bargained on getting your contribution to these standing charges throughout your licence, and cannot get someone else in as you still have a licence to occupy. So, it's unfair for the LL to have to cover a bigger share of the standing charges just because you move out early.

peace_lily_2

Pixie - yes, London, you are correct. The amount I have paid to her in rent and bills does indeed exceed £7,500.

Is there anything I can do about this..? Ie. To find out if she has declared the money to HMRC?

Yes, she has been making up the amounts as she goes along. No update on the utility bill- perhaps she has become aware it is illegal to overcharge for this....

Pixie5740

peace_lily wrote: »

Pixie - yes, London, you are correct. The amount I have paid to her in rent and bills does indeed exceed £7,500.

Is there anything I can do about this..? Ie. To find out if she has declared the money to HMRC?

Yes, she has been making up the amounts as she goes along. No update on the utility bill- perhaps she has become aware it is illegal to overcharge for this....

The tax she pays is between her and HMRC, you won't be able to find out. All you can do is report her to HMRC is you suspect that she might be guilty of tax evasion.

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

It is possible that she has opted not to use the Rent a Room scheme and instead reports the income and expenses to HMRC. However, given the CT issue my money would be on her not declaring the rental income.

The above is just a course of action that could irritate your landlord and put some much needed money in the UK's coffers. It won't actually solve the issue with the utility bills.

Regarding the bills your options are to:

1) Agree to pay whatever she asks.

2) Negotiate a different amount.

3) Refuse to pay.

If you opt for number 3 and she deducts the money from your deposit then you can let a court decide.

peace_lily_2

I decided to pay the money for an easy life.....she started threatening to take money out of my deposit if her bank charged her for my money being late (I know she couldn't have done this, but it was all getting quite stressful as she was being pretty nasty)

So now I have paid all the money she wants, vacated the property and returned the keys (2 weeks ago now).

I have asked when she will be returning my deposit.

She is saying she will not return it until the theoretical end of my tenancy. Am I entitled to my deposit back now, seeing as there are no outstanding charges?

00ec25

peace_lily wrote: »

I decided to pay the money for an easy life.....she started threatening to take money out of my deposit if her bank charged her for my money being late (I know she couldn't have done this, but it was all getting quite stressful as she was being pretty nasty)

So now I have paid all the money she wants, vacated the property and returned the keys (2 weeks ago now).

I have asked when she will be returning my deposit.

She is saying she will not return it until the theoretical end of my tenancy. Am I entitled to my deposit back now, seeing as there are no outstanding charges?

again your position is one of legality v reality and since it appears you prefer the easy option and not the legal option you have no choice but to wait

legally your LL has accepted the keys back and therefore "mutually" agreed to the surrender (termination) of your lodging arrangement. However. she has your money and you can''t get it back unless you sue her, which you won't, so your question is redundant.