Utilities help - Tenant Vs. Tenant

[jmrobinson]

Hi

 

I have recently moved out of the old flat thanks to having a bit of an arse for a flat-mate. He's moved out too. We've got our deposits back but there was a utilities bill that I ended up having to pay all on my own because he managed to talk the landlord into giving him his side of the deposit back before the bills were settled.

 

I'm pretty sure that he's not going to voluntarily give me his side of the bill, and I've had to pay it to get my deposit back. Anything I can do or is it a lost cause?

[Planner]

Whos names the bill in? assuming yours alone - anything in writing saying you will split things 50/50? - Why did you let the LL pay your utility bill?

[jmrobinson]

well we never signed anything to take on responsibility of any bills, from what I can remember the bills were in the landlords name, we were only there for 6 months because I was sick of his late payments etc. There's nothing in writing to say we'll split anything, just an assumption based on us being "mates" really. I think all it says in the lease is that the bills must be up to date and settled before the deposits will be returned.... so assuming we've both been given our deposits back, and the actual bill itself has been paid (therefore the debt is purely him owing me), there's not a thing i can do?

Edited July 17, 2010 by jmrobinson

[Planner]

Your options are to sue the LL for 50% of the bill or sue your former housemate.

 

Depending on how much we are talking about, is it worth it?

 

Was youe deposit not protected in one of the TDS schemes?

[jmrobinson]

think we're talking about £200. What's a TDS scheme? How does that protect me? Remember I've got my deposit back... the only thing that I'm out on is the fact that the Utility bill has been paid for (which was in the landlords name) and it was me that 100% of it.... My housemate has already said he's pretty sure he's already given me the cash for it. So I'm raging. Can I sue him? I can't see any legal ties my housemate has to this bill because his name isn't on it and he can just say he's paid me cash? Isn't it more the landlords fault for giving him his deposit back before the bills were settled?

[Planner]

Have a look at:

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117280-tenancy-deposit-scheme.html

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/155645-tds-eligibility-implication-breach.html

 

For what the Tenancy Deposit Scheme (TDS) is.

[Kentish Lass]

I hate to say it, but I think you will not get any of this. And I do hope this "mate" is now an "ex-mate", cos he is no friend!!

 

And if you have moved out, have you moved in somewhere else? If so, and you paid a deposit, this deposit should be protected in one of 3 government approved deposit protection schemes - and you notified within 14 days of paying the deposit where it is protected and details of how to get it back at the end of the tenancy.

[NewSAHD]

My housemate has already said he's pretty sure he's already given me the cash for it. So I'm raging. Can I sue him?

 

For the sum involved and, in particular, due to possible lack of documentation probably not worth it. That said, can you

 

- document what bills fell due over the six months

- document that you paid them (and also why you paid them, of course)

- and, best of all, get your 'mate' to agree to what has occured too?

 

Had a similar situation a few years back between my brother and one of his 'mates' and, to resolve that and similar matters since, tend to set it up so that:

 

- first, be clear in your own mind the amount owed by your 'mate' by way of documenting, for yourself, what fell due and when, so you can then...

- have a 'nice' and not too obvious exchange of emails about it, as it's amazing what people will admit to in emails

- and, once he's at least agreed the amount, ask for payment (which might be forthcoming)

 

Because of the sums owed to my brother by his mate (a four figure sum ) it was basically a case of setting the mate up i.e. agree what was owed and how the amount fell due, giving the mate a chance to pay, and when mate (inevitably?) lets you down, again, let him know he's stuffed as he's already admitted to owing the money.

 

Admittedly, with my brother's problem, I used a promissory note at the tail end of it too (a whole other subject), but reading your post I was reminded of my brother's mate.

 

Then, it's 'just' a case of case of whether your risk pursing, say, an online claim (Info about - County court bulk centre - money claim online) based on what he has admitted to in emails. For the amount owed you have to decide if it's worth it - but a couple of emails to your mate may quickly give you a good idea as to which way it's going to go.

 

As for 'My housemate has already said he's pretty sure he's already given me the cash for it.' can almost see the type of initial emails to be sent

 

Sorry mate, no, you were always late with the rent! and that's after I had to chase you too.. We only got the utility bills after you had already been paid your share of the deposit back, which is why I had to stump up the money for the bills. So, you owe me £ for X, when can you let me have the cash? Cheers

 

An email won't cost you anything other than your time, so post again if need any help. You do have his email address though, don't you?

 

Just a thought, hope it may help.

Edited July 20, 2010 by NewSAHD