Urgent help needed from landlord, estate agent, anyone with tenant law knowledge

[Biomedical]

Hi,

Ex moved out, has ‘surrendered the ownership’ of our tenancy deposit and agreed for it to be moved over (as it was mostly my money anyway). Asked landlord for a single tenancy, signed the agreement today. They asked for £99 fee which I thought was fair.

Then I realised Ex-DP hasn’t paid gas and electric for over a year(?!) even though I have him my half... they’re understanding about the situation but I have to pay £200 a month towards the arrears and my normal monthly usage or face court action / disconnection. I had a feeling the £99 fee was illegal as the new Tenant Fee Act 2019 applies now. It says no fee for new tenancies, capped at £50 for changes ie different tenant, although I was a tenant previously I don’t know which would apply but happy to pay £50 if required, landlord says £99.

This is an illegal fee isn’t it? What can I do? I know it’s only £49 difference but with the mess he’s left me in that could be a weeks petrol and food?!

Hi there, I work for a landlord so have some experience of this.

In theory you can't be charged any fees for the signing of a brand new tenancy.

However, if the landlord has deemed it as a change to an existing tenancy he can charge up to £50. If he wants to charge you any more he has to be able to provide you with the evidence to demonstrate any costs he has incurred in excess of £50.

Crucially, if you were in the initial fixed term of your tenancy, and in reality what you have asked for is to end the existing tenancy early and start a new one then that is an exception to the tenant fees ban and he can charge whatever costs he has reasonably incurred. This is usually only the case however when you have terminated, moved out and he has had to seek new tenants so has advertising costs.

I would think therefore that the second of those scenarios is applicable here and you would be well within your rights to point out the tenant fee ban to him and ask for evidence of the costs he has incurred that take him over the £50 cap.

If he can't provide this then it is trading standards that would enforce it so you would need to get in touch with them.

With regard to your utility bills - if the tenancy is in joint names you are both jointly and severally liable for the arrears on the account. I am fairly sure it doesn't matter whose name was actually on the bill. The energy company can therefore come after you for all of it if they think that there is a better chance of getting it from you rather than your partner. Check this with citizen's advice though. If that is the case then your only option would be to pay it and pursue your ex partner through small claims for his share but if he doesn't have any cash or assets that might be a fruitless exercise.

To answer questions, it’s all such a mess. They’re saying they’re just ‘swapping’ the deposit over so I’m guessing a new tenancy completely? When I saw the date I thought it was weird but the assistant sent it in the post for me to sign so I guess she wasn’t to know what date it would arrive? I thought the new rules applied to all tenancies after 1st June 2020 regardless of when they were signed? Because they were able to charge us fees between June 2019 and now and quoted that it was because we had signed before June 2019.

I have no way of finding out who’s name was on the bill originally, I had never seen a letter assumed it was all done online now days and he assured me he was doing the meter readings on the app etc so never even suspected he wasn’t paying it. There’s £1,680 arrears (he literally stopped paying it this time last year), which means I’m paying around £140 a month regular usage plus the £200 for the arrears, I explained this would be a huge strain but she said if it isn’t paid off soon they can execute a warrant to change to a prepayment meter and in her words ‘charge what they want’, possibly rendering me without power if I can’t afford to keep up?

And yes I’ve politely asked the landlord previously but didn’t want to raise it again until I knew for sure it was an unjust fee, I can’t afford a section 21 right now!

@bigdecisionstomake Thankyou for that! When we first took the tenancy in 2018 it was initially for 12 months, then they changed it to a 30 day rolling contract. The new one they have sent out is for a 30 day rolling contract so I’m assuming a change too. I’ve cited the relevant tenant fee act and asked if it had cost them more than £50 and for proof (in a friendly way of course)

@Ginandbearit1 half the deposit? What do you mean? When we moved in 90% of the deposit was mine and he’s paid not a penny in the last year leading up to our split so definitely no money to ‘recoup’ unfortunately

Bulb shouldn't have given you any info without going through data protection.

Firstly, sorry to hear bad things are. Sadly, you've signed a document that relates to a tenancy which started in May. You signed it later, but that doesn't matter as the agreement was from May. Going from joint to single tenancy means you have a new tenancy, so its stated again? I think you will struggle to get the £50 back.

Regarding the bills, I'm surprised you are paying so much for your gas and electricity. That is a lot. For a 3 bed house, with 3 children I've been paying, on average per month about £80. So about £120 in winter down to £50-£60 in spring, summer. Ask why it's so high. You need to decrease that £140+ you're spending every month. That alone will help.

Regarding your ex, he has effectively stolen £800 to £900 from you. Write him a text asking for that money back. Ensure he replies proving that he did take your half and should have paid it. You need evidence of that arrangement.

If the bills are in joint names, insist the utility company split the bill into 50% each and send one to your ex and obviously the other to you. You then need to take your ex to small claims court for your £800+ or forget it and pay. For this, you need evidence that the money you paid your ex was for the utility bills. So get some evidence of that. Yes, I know he might go to prison. But what you need as much as possible, is for him to have to take responsibility for what he owed.

If the bill is in your name only, sadly the utility company will charge you 100%. The company will not consider your domestic arrangements. If the bill was in his name, it's down to your ex.

I hope this helps and I wish you luck in dealing with this.

Who's name the bill is in is incredibly important OP so you need to know for sure. If its in his name only its his debt and you can't be held liable for it. If its joint then as PP said get them to split the bill then chase him for payment of your half

@R2519

Who's name the bill is in is incredibly important OP so you need to know for sure. If its in his name only its his debt and you can't be held liable for it. If its joint then as PP said get them to split the bill then chase him for payment of your half

Please read the information sources quoted earlier in the thread. You are giving advice, which if followed, could leave the OP with serious problems and potentially additional costs.

@Travellor
What are you on about. I'm referring to the name on the utility bill. A company cannot pursue you for a bill in the name of someone else. The other issues are something else. Why are you quoting what I said when many other said the same thing!!!

Surely the energy company can sen you copies of past bills?

[quote R2519]@Travellor
What are you on about. I'm referring to the name on the utility bill. A company cannot pursue you for a bill in the name of someone else. The other issues are something else. Why are you quoting what I said when many other said the same thing!!![/quote]
www.citizensadvice.org.uk/consumer/energy/energy-supply/problems-with-your-energy-bill/find-out-if-youre-responsible-for-paying-an-energy-bill/

Please; Use the above link; answer the questions it asks (given that the OP has stated she was a joint tenant), and then note the outcome.

Sorry @Travellor, I may have added to that! You are right, however, the utility company still have to prove it.. and OP doesn't mention anything about that. And when they have, as they will do, the amounts are eye watering.

OP...you seem to have a few issues going on. I hope CAB etc can be of help to you.

The original Tenancy Agreement will be the proof, as the landlord isn't going to pick up the bill!

You need to go to a debt agency regarding the utilities bills. There will be a joint liability which means they can choose to chase either party for the debt regardless of whose name is in it, and seeing as they know where you are and will be able to get an order to out a meter in if you don't make an agreement they have no reason to chase your ex partner. It is a very unfair system. A debt agency will be able to negotiate a repayment plan. With a meter you end up paying significantly more as you cannot easily move from company to company to get a better deal and a certain amount of what you put on each time would be taken for arrears. And if you go into the emergency the charges are astronomical. I am not saying that to scare you but for you to get help. See if you can find evidence of having paid your partner and then take him to pretty claims court, and if you cannot prove you paid him then take him for half the debt at least.

Once you are with a debt agency the coats shoot up as they charge £75 per letter sent and, off the top of my head, I think a couple of hundred pounds per visit which they will do if agreements are not stuck to. Def contact CAB, CAP or Community Money Advice.