# tenant refusing to pay utility bill



## edward (30 Jun 2009)

this is a long story so hold on.

Tenant A moved in half way through month in jun 08

a different tenant (B) has the gas bill in their name 

tenant B moves out and tries to transfer the bill to tenant A , tenant A refuses to do this and the bill remains in tenant Bs name for several months.

Tenant A then decides mid month to move out , leaves the bill outstanding with the last remaining tenants .

the owner ( me ) then decides to sell the property about two weeks later and asks everyone to move out. 

The bill is still outstanding in tenant B's name ( he is unaware , landlord is unaware )

everyone moves out and landlord ( me ) assumes that they have switched the gas over to me and closed out the bill .

This doesnt happen , six months later the landlord finds the bill and contacts tenant B

tenant B then contacts the other tenants from that time looking for their share of the money . Tenant A refuses to pay and threatens me with court proceedings for not handing back deposit ( even though this person never contacted me once ) , and left the deposit with me for six months never chasing it up even once .

so the situation is that tenant B is left with a bill for 800 for gas which is completely unfair , I am not responsible for the bill but willing to help out as I should have noticed the bill earlier ( i never entered the house as it is very far away and was being handled by the estate agent )

I have complete payment records from all tenants. and just want it sorted out but tenant A is being completely unreasonable and has threatened court ...

I have no record of tenant A either getting or not getting back their deposit , I can only assume they got it or otherwise would have chased me up for it. 

I just want them to sort it out , any ideas , am i in danger of being taken to court ? I cant see it ...


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## Hillsalt (30 Jun 2009)

I had a similar situation with an ESB bill in a tenants name. He moved out leaving a €600 bill. New tenant moves in and sets up new account in his name. Meanwhile, the ESB sent a load of threatening letters to the ex-tenant at this address. The new tenant gave me all of the mail every few weeks. I had no forwarding address for the ex tenant.

Suspicious, I opened one of the letters with the ESB logo and that's when I discovered about the outstanding bill. I chose to ignore it. Two years on, the same 'new' tenant is happy in his home, and I have no idea what happened with the outstanding amount. 

The ESB bill was never ever in my name even though that I own the property.

Unlike the OP, I am not selling the property and so the circumstances are different.


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## priscilla (30 Jun 2009)

I would imagine that as the bill is in Tenant b's name they are liable 
for the outstanding bill, unfair as that seems. It was Tenant b's 
responsibility to take a final meter reading and get their name taken off the bill when they moved out.
I would think it would be very difficult to get money off the other tenants now that they have moved out.
Regards, Priscilla.


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## edward (30 Jun 2009)

yeah its a terrible situation, i will probably end up paying for the other tenants just to end it . Lesson learned i guess


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## g1g (30 Jun 2009)

it's up to the tenants to pay it. It's nothing to do with you if its not in your name and you were not living there.


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## Raskolnikov (1 Jul 2009)

edward said:


> yeah its a terrible situation, i will probably end up paying for the other tenants just to end it . Lesson learned i guess


DO NOT PAY THE BILL.

The bill is not in your name, therefore it is the responsibility of whoever has their name on the bill to arrange payment. Tenant B will clearly have to pay the bill, regardless of fairness or usage. If they fail to do so, they will be pursued for the arrears and will be unable to seek a reconnection for gas in the future.


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## elcato (1 Jul 2009)

I dont understand - It seems to me that tenant A didn't pay you any deposit so not your problem. I'd say they are chancing their arm but bottom line is that you are not liable for gas bill. You need to talk to tanant b or the management co. regarding whether they received a deposit or not. I would refuse to pay it anyway and let them make the next move. You can always stump it up before any court case.


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## Caveat (1 Jul 2009)

I agree with Raskolnikov.  Not in your name, you have no legal or moral responsibility.  Unfortunate situation but it's between the tenants.  

Bill is payable by named account holder - their problem.


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