Landlord refusing to pay back utilities bill

rosamy52

My ex landlord is refusing to pay back utilities bill. Our rent included bills which the tenancy agreement does state. However he felt it would be easier if we paid the bills and gave us the money to do so. That wasn't in writing, my mistake I should have insisted on that. I gave notice over a different matter, one where I had felt very unsafe and bullied by another tenant and the landlord had not taken any action. I closed the utilities accounts and awaited the final bill. Once received the money left in the bills account didn't cover the full amount of the final bill. I informed the landlord straight away and asked for the additional funds to be paid. He has so far refused to pay, though has admitted responsibility, and this has now been going on for almost a month. I have provided him with the bills, and statements showing I've paid and proof of meter readings. He wants to talk rather than email, I am very wary of this as there would be no written record and we've had discussions before which I've asked to be put in writing and he's refused. Please can anyone advise on what action to take next?

cooltt

Never, ever, ever, ever, EVER put bills in your name if they are not your responsibility.

You need to pay the bill because it's in your name, the utility company don't care what agreement you had with anyone else, it is YOU they will come after. Then sell it on to debt collection if you don't pay etc


Pay the bill THEN take the landlord to court to get your money back, there is no other option.

anselld

How much are we talking?

G_M

Please clarify exactly what you have in writing:

* tenancy agreement states 'bills included'? Exact quote please.
* agreement that you pay the bills - nothing in writing?
* utility accounts set up - in your name?
* Past payments made by you to utilities - can prove?
* previous repayments by LL to you - can prove?
* final utility bill(s) in your name outstanding?
* admission by LL that he owes this - exact details please

You are right to deal with him in writing, especially if you might ultimately use the courts.

Whether you can use the courts will depend largely on the strength of your written evidence - hence my Qs above.

rosamy52

Hi,

Thanks for all the replies. I only have limited internet access as I'm away at present so I'll try to keep this short and answer all in one post.

It's around £500. I shouldn't have agreed to have the bills in my name but unfortunately I did, my mistake.

* tenancy agreement states 'bills included'? Exact quote please. I don't have this to hand as I'm away, it's included in the agreement, there's email evidence and rooms in the tenancy were advertised as the rent including bills and council tax
* agreement that you pay the bills - nothing in writing? There's email evidence on this and concerning setting up the accounts
* utility accounts set up - in your name? Unfortunately yes
* Past payments made by you to utilities - can prove? Yes absolutely, I have proof of all the direct debits and payments made including the final bill
* previous repayments by LL to you - can prove? Yes bank statement evidence and email reminders for it to be paid when he'd forgotten a couple of times
* final utility bill(s) in your name outstanding? No it was automatically taken by the utilities company after 14 days which he knew and was stated in the final bill and in email communication with the utilities company
* admission by LL that he owes this - exact details please In an email concerning the final bill "I recognise that I as landlord am responsible for paying the final bill

I hope that answers your questions, apologies if anything is fuzzy. I am having a sleepless night over this and am extremely tired and woolly headed. I really appreciate your advice and time taken to answer.

FBaby

£500 for 'leftover' gas to pay? No kidding he isn't paying he is probably wondering what he is paying for.

Stupid arrangement on both account and clearly something has gone very wrong.

You can sue him but you'll need to work out exactly what was owed during the time you were there and what he's paid. Also since you were a flatmate were you paying for everyone? What's happening now?

rosamy52

Well yes it was a silly arrangement but that's hindsight for you... The bills were for the household yes. For what's happening now see above reply. As for wondering what he's paying for he's seen all the direct debit bills and meter readings and final bill and as said previously has admitted, in writing, that the bills are his responsibility but he still won't pay. That's the point and what I am dealing with now. I don't need to work out the payments etc, that's already been done.

D_M_E

All good advice above so I will just add - did you send LL copies of the bills and not the originals?

rosamy52

He's been sent copies, electronic ones, the same file as I received from the company which I forwarded.

G_M

Based on what you've said in post 5 above (and subject to the fact some of it is your rememberance rather than actual quotes), you appear to have a good case.


1) contract states rent includes bills

2) agreement reached you'll pay and LL will re-imburse
3) history of 2) above occurring (strengthening the above agreement)
4) evidence of outstanding amount owed
5) admission by LL it is owed by him


Likelihood of success in a Small Claims Court? 90%.


( you can never be 100% certain!)

rosamy52

Thank you, I hope it won't have to go that far but good to know it'll have a high chance of success if needed.