Who is liable for bills in decased ex partner's name

[TheValleyGirl]

In addition to my other thread on here about my now deceased ex-partner crashing my car, I have another issue I am trying to resolve.

The electricity account for the house (private rented as a joint tenancy - his name is currently being removed from the tenancy) was in his name. When he moved out, I told him I wouldn't chase him for other money he owed (due to his refusal to get a job I had been paying pretty much all the rent and bills for a few months to keep a roof over my/our heads), as long as he paid the outstanding electricity bill - which he had let build up to about £400. He agreed to this.

After he moved out, I heard nothing more from him about this.

Fast forward a few weeks and was arrested and charged with harassing me following weeks and weeks of him tormenting me. He then took his own life as he decided life was too difficult. He has now left me with a complete mess to sort out. We were not married, and the only link we had was the joint tenancy - all of our finances were separate.

I need to get a new account set up for the electricity (I want to change to a cheaper provider, too) but they won't allow this until the debt is settled. It has now apparently risen to £600. Because of the financial mess he left me in, covering the rent and other bills, I simply do not have this cash lying around.

Who is liable for the bill? His estate as it's in his name, or me as the other tenant? I just want to cry as I am so worn down by all of this and even though he has gone, he still continues to mess with my life and destroy everything I have worked hard for.

Call the supplier & ask to speak with the bereavement team. You'll find them sympathetic. Explain that the account holder is deceased and they will write off the debt.

You're not liable for your ex partner's debts unless they're in joint names.

@Mc180768 I'm afraid that's not correct.

OP - take a look at this www.citizensadvice.org.uk/nireland/consumer/energy/energy-supply/energy-bills/understanding-your-energy-bill/who-is-responsible-for-paying-the-energy-bills/

They may still be sympathetic and write it off, but they are not obliged to do so. This is specific to utility bills.

If he has any other debts such as loans you are not responsible.

Thank you for the advice. I have just spoken with the electricity company. They were very helpful and told me I would not be sent any more letters about it (I really hope this is the case) and they've set up a brand new account in my name, back dated to the date he moved out. Fingers crossed I don't hear any more about it!

Great news, OP.

Hi Collaborate,

If there is no money in the estate, then there is not much option other than to write it off. Next of kin is not liable for debts of deceased.

I'll take a look at your link, though.

If there is no money in the estate, then there is not much option other than to write it off. Next of kin is not liable for debts of deceased

Read Collaborate's link. It really isn't that simple. Anyone who is legally responsible for a property can be pursued for an energy debt if the person named on the bill doesn't pay.

@prh47bridge,

I have read the link and have had experience of this area. I have also read other links and work within the area of housing.

As the op has written, the outstanding bill has been written off. While you're correct, that a person can be held responsible if they've benefitted from the fuel, as in on the joint tenancy, or indeed simply living there, she could be responsible. However, utility companies are certainly becoming more empathetic and knowledgeable on vulnerabilities. DV, disability, and they have been known to write off deceased people's outstanding bills where there is no money left to pay after the funeral has been paid for.

You are not liable for anything in his name. Contact any company that writes to advise he has passed away

Fgs !! Alexandra2018 and Mc180768 Yes - in normal circumstances personal bills of the deceased cannot be pursued by the creditors if there is no money in the estate* but Prh47Bridge and Collaborate* are absolutely right (which I would hope - as they are lawyers )
For example , credit cards, personal loans unsecured loans etc HOWEVER utilities are not the same if you - the non-deceased have used the supply for which you have been charged.
Again , as an example. - you live with your husband in your house, he dies. You have still used the electricity, you are still liable for the bill (and quite frankly it wouldn't cross the minds of the average widow/widower not to pay their electricity bill because their spouse has died ) . In the same way, if you are living in a property with someone who has the bill in their name and they die- you are STILL liable for the bill. As you have still used the electricity/water/gas etc.

Of course some companies are sympathetic and will waive the bill in some circumstances. (As has happened for this OP) This is their CHOICE, it is not the LAW on liability for the bill and cannot be relied upon. The LAW is clear, if you have used the service, you are liable regardless of the name on the bill. If you work in the 'area if housing' please do not tell your clients that they are not liable if the bill payer of utilities dies if they live at the property.

@Fontofknowledge,

Not sure why the tone and I certainly did not state that it is not the law. Nor have I been rude to both the lawyers.

The op stated this was her ex. That's very different from say if my husband died and there was a bill outstanding in his name, I would pay it. Sounds as if OP has been left with debts and the ex has fucked off and left her with excessive bills that had not been paid. That's very different.

In my area of work, financial issues crop up between couples where one has hidden debt, not paid council tax, utilities etc. Couples split up and often the one left behind is the one struggling and is unable to manage. In the op's case, her partner had left, she'd paid as she states, he then died, the bill was in his name. That's very different. It's a debt in his name. Whether she is liable or not is a discretionary issue, not a mandatory one. And yes, where this has happened, or an errant father has left a mother with masses of utility debt, then it can be dealt with compassion.

Nobody has said it's not the law. Nor disregarded what the two lawyers have written.