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I have vacated after tenancy ended, huge outstanding energy utility bill requested from ex-flatmate

Conquest19
Conquest19 Posts: 26 Forumite
Third Anniversary 10 Posts Name Dropper
edited 27 February 2021 at 2:19PM in House buying, renting & selling
Hello everyone :-)
Here are the details just to clear the air:
  • fixed term tenancy dates: 21 Dec 2019 - 20 Dec 2020
  • I moved in / I moved out dates: 28th Dec 2019 - 5 December 2020
  • name on utility bill during tenancy dates: 1 ex-flatmate only
  • access to online utility bills and outstanding balance: 1 ex-flatmate only
  • first / last meter reading: 1 Feb 2020 / 4 Feb 2021
  • how many meter reading during tenancy dates: 1
  • tenancy mentions anything about meter reading: no
  • ex-flatmate, landlord, tenancy mentioning me to take meter readings: no
  • did I get my deposit back: yes
  • ex-flatmate lived there in years: 5 years
  • landlord(added): lives in cyprus
  • ex-flatmate(added): just a tenant. We both joint tenants
Hello, my ex-flatmate in a 2 bed flat is asking me(26th Feb 2021) to help pay an outstanding energy bill balance of £1055(he asking me to pay half of that)
I don't think I should pay a penny because:
  • he told me the energy bills are £37.50p per person each month which I paid on time
  • he should have taken regular meter readings each month, but he only did 1 reading during my stay
  • he had the key access the meter which I knew nothing about
  • he was responsible to check the balances as the letters were digitally sent to him.
Also he sent me a screenshot of the balance online each month and I can CLEARLY see it was going up A LOT. Yet he tells me this now after a 2nd meter reading.
I don't owe anything right?
Sorry if I sound like a d*u*ck but I really don't think I do
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Comments

  • kirtondm
    kirtondm Posts: 436 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    • he told me the energy bills are £37.50p per person each month which I paid on time
      Have you got that in writing? Can you proved you paid it ? £500 on top would be another £40 a monthish so in effective double what you have paid and £2000 per anum electricity bill for a 2person household?. Worry is they have not accountd for the 37.50 you have been paying them already.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 February 2021 at 1:16PM
    ignore their demands, they have not bothered to do regular readings and you have agreed fixed utility payments, I hope that was in your contract you agreed though. 

    Bill is in their name too and they would be responsible, has nothing to do with you. 

    If their not bothered to do basic stuff, why should you pay for their mistakes
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • What does your tenancy agreement say?  Does it mention £37.50 or does it say that you're (jointly) responsible for bills?

    It's likely that you're responsible for some of this amount. The big problem is going to be working out how much due to the lack of meter readings.
  • Joint and several Liability
    The expression joint and several liability means that jointly the Tenants are liable for the payment of all rents and all liabilities falling upon the Tenants during the tenancy as well as any breach of the Agreement. Individually each Tenant is responsible for payment of all rent and all liabilities falling upon the Tenant as well as any breach of the Agreement until all payments have been made in full. A maximum of four people can be such joint Tenants.
    ---
    2.6
    To be responsible for the payment of all associated charges in respect of the use and supply at the Premises during the tenancy of any telephone service, of electricity, gas, oil and any other relevant fuels, water and environmental services etc.
    ---
    But he told me in a message I would only need to pay £37.50p which I did each month with no problems
  • £75 per month for gas and electric for a two-bed flat does sound like a low estimated price.   I can see how the reality will have been higher, especially in a year when you'd both have been home more than usual.  I live in a 2-bed flat, and during the winter months a bill of £100 a month is quite common.

    Still, it would be very hard work  for you to have used up another thousand pounds worth, unless you've been running a clandestine lockdown sauna!!!

    And whether you have any liability is another matter....
  • Joint and several Liability
    The expression joint and several liability means that jointly the Tenants are liable for the payment of all rents and all liabilities falling upon the Tenants during the tenancy as well as any breach of the Agreement. Individually each Tenant is responsible for payment of all rent and all liabilities falling upon the Tenant as well as any breach of the Agreement until all payments have been made in full. A maximum of four people can be such joint Tenants.
    ---
    2.6
    To be responsible for the payment of all associated charges in respect of the use and supply at the Premises during the tenancy of any telephone service, of electricity, gas, oil and any other relevant fuels, water and environmental services etc.
    ---
    But he told me in a message I would only need to pay £37.50p which I did each month with no problems
    That part of the tenancy agreement is clear - the £37.50 message is meaningless as it doesn't form part of the contract that you signed/agreed to.

    Your only option now is to minimise the amount that you need to pay.  As mentioned earlier, this is going to be difficult due to the lack of meter readings.

    You can work out the standing charge part of the bill by multiplying the daily rate by the number of days between the start end end of your contract (forget the move in/out dates - the contract is what matters).

    You will then need to come to an agreement as to how much gas & electric was actually used over that period and add this to what you calculated as the standing charge bit.

    Divide the total by two (I'm assuming that there were just 2 of you paying the £37.50 per month) and subtract what you have already paid (£37.50 X how ever many payments you made).  The balance is what you will need to pay.
  • Llamaman_2
    Llamaman_2 Posts: 7 Forumite
    Tenth Anniversary First Post Combo Breaker
    edited 27 February 2021 at 2:20PM
    Since you have a gas an electricity meter, you have to pay for what you use. 

    For convenience purposes, most energy suppliers allow you to pay a fixed monthly price based on their estimate of how much gas/electricity you will use. In this case they will have estimated £37.50 as your monthly cost. However if it turns out you use way more than this, it does not let you off the hook for paying for it. You will just have to pay the discrepancy at a later date. The energy company will usually increase/decrease your direct debit amount when you submit meter readings to avoid this.

    In this case, £37.50 was clearly not enough to cover your monthly usage - far from it. The fact that your flatmate has not taken regular meter readings has made it impossible for you or the energy company to know this, so your bills will have been based on estimates. However at the end of the day, you are still liable to pay as you have used this amount of electricity/gas. Even if they could have been more proactive, your flatmate should not be responsible for paying most of your bills.
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 27 February 2021 at 2:02PM
    Thanks for the bullet point listing key facts - not many peoppe are so succinct! However, it's not 100% clear if you and flatmate were 'joint tenants', or whether flatmate was your landlord and you were his lodger. I shall assume joint tenants.
    • fixed term tenancy dates: 21 Dec 2019 - 20 Dec 2020  Thanks
    • I moved in / I moved out dates: 28th Dec 2019 - 5 December 2020  but your liability is as per tenancy dates, not occupation dates so this is irrelevant
    • name on utility bill during tenancy dates: 1 ex-flatmate only Irrelevant. Under 99% of joint tenancies, you are both jointly liable for utilities irrespective o who is the actualaccount holder
    • access to online utility bills and outstanding balance: 1 ex-flatmate only  Irrelevant. As you are jointly liable for utilities (I assume?) it was for you to check the cost was being covered.
    • first / last meter reading: 1 Feb 2020 / 4 Feb 2021  why did you not read the meters at the start and end of your tenancy? That's your responsiblity as you are a jont tenant and jointly liable
    • how many meter reading during tenancy dates: 1   Why were you not keeping on topof your liability for utilities by ensuring that either you, or your joint tenant, read the meters regularly?
    • tenancy mentions anything about meter reading: no  They never do. But what does the tenancy agreement say about liability for utilities?
    • ex-flatmate, landlord, tenancy mentioning me to take meter readings: no  As above. If (as I stringly suspect) you are jointly liable for utilities, then it's up to you to read meters/ensure utilities are paid
    • did I get my deposit back: yes  Lucky you.But that's irrelevant. Utilities are between you(the tenants) and the utility companies. Nothing to do with the landlord,or the deposit
    • ex-flatmate lived there in years: 5 years  So what?
    Hello, my ex-flatmate in a 2 bed flat is asking me(26th Feb 2021) to help pay an outstanding energy bill balance of £1055(he asking me to pay half of that)
    I don't think I should pay a penny because:
    • he told me the energy bills are £37.50p per person each month which I paid on time  I asume he told you this at the start? That was obviously an estimate.
    • he should have taken regular meter readings each month, but he only did 1 reading during my stay  Ys, he should have. But so should you. You are (I assume?) bh jointly liable.
    • he had the key access the meter which I knew nothing about  why did you not ask how to read the meter?
    • he was responsible to check the balances as the letters were digitally sent to him.  Why did you never consider your liability for utilities?
    Also he sent me a screenshot of the balance online each month and I can CLEARLY see it was going up A LOT. Yet he tells me this now after a 2nd meter reading.  Do you mean the usage was going up?Or the debt? If the meter was only read once I assume the screenshot showed an 'estimated reading' yes? Why did you not query this?
    I don't owe anything right?  No. You owe half of the cost of any gas and electricity and water that you used during the year
    Sorry if I sound like a d*u*ck but I really don't think I do
    Two missing facts:
    1) was this a 'joint and several' tenancy with you both named as joint tenants on the same tenancy agreement?
    2) what exactly does the tenancy agreement say about utilitiies?
    Assuming you are jointly responsible for utilities, then all the facts you list are really just excuses for not paying what you owe.
    Whether £1055 is the correct amount is another matter - have you checked the readings and the bill?

  • Nearlyold
    Nearlyold Posts: 2,387 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Can you clarify - did you and your ex flatmate jointly rent the flat from the landlord or was the ex flatmate your landlord?  Who told you the energy bill would be £37.50 monthly the landlord or the ex flatmate (or are they the same person?)
  • Conquest19
    Conquest19 Posts: 26 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 27 February 2021 at 2:15PM
    Thanks greatcrested, with the meter readings I honestly don't know much about them.
    This is the first time i've come across these types meters or estimate billing stuff. I came from a prepayment meter and was living with my parents before this.
    I would have thought my flatmate would know more than me and le me know. He also never showed me or talked to me anything about the meter

    We were joint tenants. Landlord lives in Cyprus I think
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