Advice please: Landlord won't pay for utility bills or council tax

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My friend rents out a room in a 2 bed flat so it's shared between 3 people. Her monthly rent is inclusive of all bills

Her landlord recently started transferring bills into her name insisting they cannot pay yet her contract with them states they need to pay for bills

She has been able to get the council tax moved out of her name which they owed £2k on, she has now received a letter stating she owes £500 in water bills

The concern here is that she is leaving her rented place this week and is worried that when she leaves will they continue to transfer ie gas electric bill into her name without her knowing? She's moving into her own flat she has bought and is concerned it will cause her issues with credit/debt if her ex landlords keep moving their bills into her name just to buy sometime paying it

Any advice would be greatly appreciated :)
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  • molerat
    molerat Posts: 31,857 Forumite
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    Has she got it in writing that the LL is responsible for all bills ?
  • footyguy
    footyguy Posts: 4,157 Forumite
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    molerat wrote: »
    Has she got it in writing that the LL is responsible for all bills ?

    You perhaps missed this bit?
    rtsstuop wrote: »
    ...
    Her landlord recently started transferring bills into her name insisting they cannot pay yet her contract with them states they need to pay for bills...
  • footyguy
    footyguy Posts: 4,157 Forumite
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    rtsstuop wrote: »
    My friend rents out a room in a 2 bed flat so it's shared between 3 people. Her monthly rent is inclusive of all bills

    Her landlord recently started transferring bills into her name insisting they cannot pay yet her contract with them states they need to pay for bills

    She has been able to get the council tax moved out of her name which they owed £2k on, she has now received a letter stating she owes £500 in water bills

    The concern here is that she is leaving her rented place this week and is worried that when she leaves will they continue to transfer ie gas electric bill into her name without her knowing? She's moving into her own flat she has bought and is concerned it will cause her issues with credit/debt if her ex landlords keep moving their bills into her name just to buy sometime paying it

    Any advice would be greatly appreciated :)

    You can't usually set up bills to be in someone else's name.
    That would effectively be creating a contract between 3rd parties only.

    If it were possible, I would put all my bills in the name of Theresa May, and I'm sure many others would follow suit.

    I suggest you get your friend to come here so we can get to the truth of the situation before offering advice, if that is what is hoped for :)

    Good luck!
  • CIS
    CIS Posts: 12,260 Forumite
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    In respect of council tax the key is the contract - is it a joint tenancy or are they just renting rooms ?

    Regardless of what agreement has been made with the landlord the only aspect that the council are bothered about is that which is covered by legislation - any other agreement is between the tenants and the landlord only.

    Craig
    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.
  • rtsstuop
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    Thanks for your replies!

    She is just renting a room and so is the other couple in the same flat.
    The council turned up at the block of flats about missed payments and the landlord said that my sister owned the flat and he gave her name which is when the council tax was changed and when she questioned this with her landlord he said that they couldn't afford to pay for the council tax and moved it into her name

    Her contract states that the landlord pays all bills and she pays a monthly room rent of £900

    The same happened with the water - the company turned up about payment and they told them again that my sister owned the flat and her name
  • CIS
    CIS Posts: 12,260 Forumite
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    rtsstuop wrote: »
    Thanks for your replies!

    She is just renting a room and so is the other couple in the same flat.
    The council turned up at the block of flats about missed payments and the landlord said that my sister owned the flat and he gave her name which is when the council tax was changed and when she questioned this with her landlord he said that they couldn't afford to pay for the council tax and moved it into her name

    Her contract states that the landlord pays all bills and she pays a monthly room rent of £900

    The same happened with the water - the company turned up about payment and they told them again that my sister owned the flat and her name

    If she is just renting a room then she needs to go to the council - she cannot be liable for the council tax charge as the property is a Council Tax HMO . For a Council Tax HMO the landlord's name has to go on the demand notice, not the occupiers. This is another query that I'm seeing more of at the moment from my clients, it appears to be becoming more common.

    The landlord may have an agreement with the occupiers for them to refund him but that is purely a private arrangement over which the council aren't interested.
    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.
  • Cardew
    Cardew Posts: 29,037 Forumite
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    footyguy wrote: »
    You can't usually set up bills to be in someone else's name.
    That would effectively be creating a contract between 3rd parties only.

    If it were possible, I would put all my bills in the name of Theresa May, and I'm sure many others would follow suit.

    You are correct - However!

    As we now don't sign contracts with utility companies, a phone call to the company is normally all it takes to change the name on the account.

    Over the years on MSE we have had loads of posts from people in shared houses(often students) who have found, to their surprise, that a utility account has been put in their name.
  • footyguy
    footyguy Posts: 4,157 Forumite
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    edited 23 September 2017 at 3:13PM
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    Cardew wrote: »
    You are correct - However!

    As we now don't sign contracts with utility companies, a phone call to the company is normally all it takes to change the name on the account.....

    I don't try to argue against you on the fact that signed, written contracts are often not the norm nowdays for things like utility accounts.

    However, suppliers setting up such accounts will often ask for confirmation you are who you say you are, and will usually take security questions to ensure they can check a future call is also from you.

    Of course, there are criminals out there and some do act contrary to the Fraud Act 2006. If you believe you are the victim of crime, contact the police who have a duty to investigate.
  • footyguy
    footyguy Posts: 4,157 Forumite
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    rtsstuop wrote: »
    ...the landlord said that my sister owned the flat ...

    Sounds like your sister is quids in :money:

    Who is this landlord, and do they have any other property they are willing to give away, e..g. to me? :)

    Was the change of ownership registered with the land registry?
  • Cardew
    Cardew Posts: 29,037 Forumite
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    footyguy wrote: »
    I don't try to argue against you on the fact that signed, written contracts are often not the norm nowdays for things like utility accounts.

    However, suppliers setting up such accounts will often ask for confirmation you are who you say you are, and will usually take security questions to ensure they can check a future call is also from you.

    My son bought an unmetered house in the Severn Trent(ST) area. The house had been unoccupied for over a year and was owned by a bank - the previous owner had owned it through a company that went bust.

    Worried that there might be 12 months + of bills I rang ST and told the operator that Cardew Junior had bought the house with a completion date of xxxxx.

    A bill came in his name a week or two later for the period to April. He paid that bill and for the last couple of years he gets 6 monthly bills which he pays. He doesn't have an on-line account, and doesn't pay by DD.
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