Tenant left with a lot of money owed out to people

[jiminee]

Hi

 

I am not sure this is the right section of the forum but i could not find anything that seemed exactly right.

 

For the last 2 years i have had a tenant in my property. He has been renting out the house whilst i have been living in another city. Rent is always paid and there have been no problems in that regard.

 

He has moved out and i have since found out that he has not paid anything since living there. Water, Electricity, Gas, Council Tax, nothing. I have a tenancy agreement which states he is responsible for the payment of these costs but now his phone rings dead and i have no idea where he is.

 

Could i be held responsible for his debts?

 

Thanks in advance

 

J

[alfwithhair]

No you are not liable for utility bills as landlord.

If the bills are in the tenants name it is their liability as you are not a party to the contract between the tenant and the utility company. The only time you are liable is if the bill is in your name or during void periods.

 

Contact the company involved and explain the situation also explain you have proof of tenancy. It is their responsibility to find the tenants not yours if you do have any information that may help them do pass this on, even if it is only a mobile number for them.

[jiminee]

Thanks for the reply

 

That is comforting to know, what about the council tax? Or is oit just the same for everything?

 

J

[Seven Towers]

I have a very similar problem and would appreciate CAG advice. The tenant moved out of my apartment in December 2008, at which point I put the property on the market. I was aware that the gas supply had been disconnected but as the property was empty I was content to leave it that way. I believed that the tenant had paid the relevant bills.

 

The sale is just about to complete and I am helping the new purchaser to get a supply connected so that an up to date test certificate can be issued. When I phoned the gas company they informed me that the tenant never registered and that there is a bill of over £500 outstanding. They are refusing to reconnect the supply unless this is paid.

 

I am helping them to locate the tenant and am giving the gas company all of the information I have to help them trace the tenant.

 

Can they still refuse to reconnect the supply?

[Tingy]

I very much doubt it. To you this is a problem - to them it's an everyday occurence. New account for new people (presumably if necessary they can prove they pay their utility bills) - shouldn't be a problem.

[nicklea]

Thanks for the reply

 

That is comforting to know, what about the council tax? Or is oit just the same for everything?

 

J

 

You are liable for the council tax from the date that either you or they gave notice that they should vacate the premises.

 

Eg if you gave them 2 months notice to leave the house then you are liable for the council tax after the 2 months notice is up - providing that they've actually left.

[Seven Towers]

I very much doubt it. To you this is a problem - to them it's an everyday occurence. New account for new people (presumably if necessary they can prove they pay their utility bills) - shouldn't be a problem.

 

Yeah, you would think that - wouldn't you. Unfortunately the Gas company won't play ball, they are refusing to connect the supply until the ex tenants bill is sorted.

 

Anybody know what I can do next? My problem is that this particular company has a gas tank in the apartment complex and meters gas into the apartment. There is no other company that I can go to for a supply. Also, because it's LPG rather than natural gas as far as I can gather they do not come under the auspices of the General Consumer Council.

 

Any ideas how I can "force" them to connect the supply? I live in N.Ireland

[Tingy]

Are you tied to one gas supplier?

[Seven Towers]

Are you tied to one gas supplier?

 

Unfortunately yes

 

It's an apartment complex where all apartments have a gas supply from an underground LPG tank on the site. This company has a monopoly. They also know that I'm trying to sell so they think they can foist the ex-tenants debt on to me and that I'll just give in and pay it to get the sale through.

[Tingy]

Forgive the obvious question, but have you any idea where the tenant has gone? Do you know any of their friends you could ask?

 

Failing that, have you got the tenancy agreement from the tenant, including the day they moved out? A copy of this sent to the gas company would be solid evidence that the debt is not yours and they are not allowed to chase the wrong person for the debt - it's illegal and we can put a pretty serious letter together for you if that is the case.

[Seven Towers]

Forgive the obvious question, but have you any idea where the tenant has gone? Do you know any of their friends you could ask?

 

Failing that, have you got the tenancy agreement from the tenant, including the day they moved out? A copy of this sent to the gas company would be solid evidence that the debt is not yours and they are not allowed to chase the wrong person for the debt - it's illegal and we can put a pretty serious letter together for you if that is the case.

 

I don't know exactly where they have gone but I believe that they are still local. I found his facebook page and sent him a message saying to contact the gas company. I don't have a phone number or forwarding address. I can only find the electronic copy of the tenancy agreement, not the signed copy. However I do have the full records of housing benefit paid to me on the tenants behalf and the exact dates applicable. This is absolute proof of his occupancy during the period when the bill was run up.

 

I also contacted the Consumer Council in N.Ireland, as it is LPG (from an on-site tank) rather than natural (mains) gas this company does not fall under their remit and so they are powerless to help. However they are pursuing an almost identical situation with a regulated companyand have promised to keep me informed.

 

A letter from CAG would be a great help, however I still don't think they'll budge. Basically they know they are a monopoly, non-regulated,utility provider and I cannot sell the apartment without a gas supply (as the gas company were at pains to point out)

 

If I paid under duress would I be able to take them to the small claims court to retrieve my money?

[Tingy]

pm heading your way

[louloubelle0195]

One other suggestion. If any letters arrive addressed to your ex-tenant, simply write "Return to Sender - not at this address" on the envelope and post. No stamp required. Hopefully the utility companies will arrange for a DCA to trace him.