Tenant Didn't Pay Bills And Now Wants Me To Pay

[LessMissAbs]

Give me your opinons on this. Have been contacted by someone on behalf of ex flatmate to say they are being chased by debt collectors for a bill which was originally £270 and is now £600 for unpaid gas. I was the owner of the property but only stayed there occasionally when working in the town, and the bills were split 40/60 me/tenant in the lease. So he actually had a very good deal as pretty much sole usage of the flat and only paid 60% of all bills despite being alone 90% of the time. I gave the tenant my 40% share to pay the bills on them coming due, sometimes in cash and sometimes by cheque, so not that easy to prove although I can trace some of the cheques.

The bills were in tenant's name. I always make a point of paying bills on time but suspected getting a contribution out of tenant would be like getting blood out of a stone unless they were in his name.

On moving out, tenant got awkward and refused to return keys, so I got police involved and on their advice deducted charges for changing the locks (with) plus the outstanding amount of Council Tax, a minimal amount, and wrote a letter to him explaining this, returning about 1/3 of the deposit. The lease stated tenant was responsible for all oustanding bills incurred by him, whether covered by his deposit or not.

Tenant refused to leave a forwarding address and I did contact the utility provider to say I suspected he had outstanding bills and I wanted to use his deposit to pay them. Utility provider refused to divulge the information to me and told me it would be his duty to pay them as his name was on the bills and I need not be involved further as they would pass it onto debt collectors if necessary.

Tenant is now, 15 months later, claiming that I promised to pay all outstanding bills for him from the deductions from his deposit, and that I should pay the amount, and wants me to sort it for him. Apparantly has been to Citizens Advice who told him I should give my address to the debt collectors so they can collect the money from me.

For some reason, his ex girlfriend is involved and I have been told I am a thief, there is no record of me paying any bills for him (well, no!), I am this, I am that, karma will come and get me, etc, etc...he is sueing me for stealing his deposit...constant harassment over Facebook and asking friends for my address and saying they will send the letter about the refund to other people as "evidence".

AIBU to insist this is not my debt and to be irked?

[fergoose]

no that is wrong - all occupants are jointly liable, regardless of whose name is on the bill.

[LessMissAbs]

Well I can dig back through my bank records and cheque books and find some records of my payments. For some reason I didn't expect to be presented with someone else's bill so sometimes paid the relatively small amounts in cash. I guess if they do bring it as a small claim (and tbh I am really hoping they do, because its the proper way of dealing with things), the judge will just decide who is the more plausible.

The other reason I'd love them to go to court is that I'd really like to find out what happened to my contributions towards the bills. £270 represents about 9 months of non-payment of bills on his part, and I wonder what he has done with my money towards them.

But yes, they actually think I should pay the full £600 debt now being pursued against him by debt collectors!

I think you are very right about not doing business with friends mycat although tbh they were people I met when I first moved here and then realised I didn't have that much in common with. They all seem to rent each other's houses off each other and its all very incestuous.

[mycatlikestwiglets]

fergoose the OP would be unlikely to be considered to be an occupant, she only stayed there very occasionally. The tenant would be directly liable for the bills in all likelihood

[fergoose]

well if the op was staying there for some time they would be liable - just for a portion of the bills. There was a test case years ago regarding a utility customer, even though their name wasn't on the bills they were liable for a portion as they had been enjoying the benefits of the utility. I used to work for British Gas and we used to quote the case regularly to customers - I'm not just quoting hearsay incase you are in any doubt.

[TempusFuckit]

I have no legal know-how, but if you told him you were witholding part of the deposit to cover unpaid bills, that surely weakens your case significantly? Particularly the part of the debt accrued as a result of subsequent non-payment.

I understand that you made unsuccessful efforts to pay the bills yourself, but from his point of view, you had effectively taken on responsibility to pay them when you withhold part of the deposit for that purpose.

Did you attempt to contact him to let him know the utility company was refusing to take your payment?

[EmmelineGoulden]

The utility company isn't after the OP though are they? It's the ex-tenant who's asking her to pay?

[LessMissAbs]

I only stayed there when I was up visiting friends or the occasional bit of work in the city. I was actually staying with my soon-to-husband in his house. I got married and then sold the flat. I have already paid my share of the bills, so I hope it goes to court so the judge can decide who he believes. I'd certainly prefer that if they really do think they have some grievance against me, they would take it to court than continue with the abusive Facebook messages (and now messages on another forum).

Former tenant is so disorganised and unable to take responsibility for himself (oh how I wish I had never let him move in) that it is quite possible he has forgotten stuff and may actually believe that I am in some way some benefactor who is responsible for paying his way through life.

I feel like I'm being scammed.

[LessMissAbs]

TempusFuckit the tiny part of the deposit retained for bills was less than £50 and would in no way have covered an outstanding debt of £270. And it was applied to the council tax. The lease is quite clear that if the deposit doesn't cover the oustanding tenant's bills, the tenant is liable. The deposit was less than £400 and the cost of changing the locks took up most of what was left.

I couldn't contact him. He refused to leave a forwarding address. The utility company "didn't refuse to take my payment" but refused to discuss a third party's liability with me. They even refused to take his work address to chase him up for the bills. I did give all letters which arrived for him, including outstanding bills, to the ex girlfriend to pass onto him.

I see no reason why he could not have taken his own meter readings on moving out, contacted the utility company and got the bills squared up. He has obviously evaded them for 15 months and ignored the situation, and is now expecting someone else to sort it out for him.

[schoolgovernor]

If what some posters say makes sense then my mum and dad could be jointly liable for my utility bills because they come to stay with me for time to time.
Op, this isn't the place to get advice on this issue. People always give out wrong information when a tenancy query comes up.

It sounds to me as if you have cause to contact the police about the abuse and defamation you're getting on social media.

[fergoose]

if it were me I would get as much proof of you paying any bills/giving tenant money towards bills and then keep them safe. I am sure they won't pursue it any further. And I agree if their harassment continues then def take some advice as to how to deal with them - you shouldn't be subjected to that treatment from anyone.

[Cahoots]

Block them on Facebook ASAP and don't have any contact with them at all. Ignore.