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My Tenant Left Without Paying Bills

Written by The Landlord on 12 Nov 2007

One of my “problem” tenant’s vacated one of my properties after being evicted, but she left behind unpaid gas and electricity bills. The bills totaled to approximately £200. This particular tenant had already cost me money (eviction fees, the rent she failed to pay..etc), so there was no way I was going to part with more money because of her. Not only did she fail to pay the bills but she also failed to transfer the utility bills into her name when she moved into the property. I told her to do so, and she had assured me that she had done it.

If you’re also in a similar position where one of your tenants vacated your property leaving behind unpaid bills, then don’t worry, all is not lost.

I immediately phoned the company that was billing me, Powergen, and explained the situation. They said that she never registered the account to her name and they were unaware that she was occupying the property.

They informed that if I could prove that she was actually occupying the property, I would no longer be liable for the bill and they would start chasing her for the balance. I faxed Powergen a copy of the tenancy agreement, proving that she was occupying the property, along with a cover letter. The fact the account was under my name during her occupancy wasn’t a big issue and didn’t stop justice from being prevailed.

This is the cover letter I sent them:

To Sir/Madam,

I received a gas and electricity bill for property [enter address]. However, I am the landlord and not the occupier. During the time the bill period accounted for, my DSS tenant ([tenant's name]) was occupying the property. Unfortunately the tenant is no longer occupying the property, she vacated on the 21st of September (earlier than due).

With this letter I have attached the tenancy agreement, proving that she was occupying the property, and is liable for the bill. I’m not 100% certain where she is living now, but from what I understand she has moved back in with her father, who was also her guarantor. Here are her details, along with her unconfirmed address (her father’s address):

[tenant's name],
[tenant's address],
[tenant's town],
[tenant's county]
[tenant's postcode]

In response to this address can you confirm that I am not liable for the gas and electricity bill by sending me a letter confirming so, to the address referenced at the top of the letter?

Your help is much appreciated.

Yours faithfully,

I didn’t have to give them her guarantor’s address but I didn’t want her to get away with it, so I eagerly handed over all the details of her whereabouts I had.

Extra notes

This is a reminder why tenancy agreements are so important. I know a lot of landlords don’t bother getting a contract in place; with that kind of arrangement you compromise security for your tenant and most importantly, yourself
I’m not guaranteeing that all service providers operate under a similar policy, but i’m assuming most do, so as long as you can prove that your tenant is responsible for paying the bills and that your tenant was occupying the property during the period of the bill, you shouldn’t be liable for the bills.
Whenever you have a tenant move in that is responsible for paying the utility bills, make sure you check that they register everything under their name. I made the mistake of not checking, but you can call up the service providers and check. Don’t trust your tenant.
It’s always worth getting a payment guarantor in place, so you always have a referral address. Most letting agencies get a guarantor as part as their package, but for independent landlords, it’s also worth doing. In this particular case, my tenant’s father was the guarantor, because I had that address I could give Powergen a lead.
Always keep your tenancy agreements, even after your tenants have vacated your property. In times like these they can prove to be extremely useful.
In my letter I asked for a confirmation to confirm that I was no longer liable for the bill. Although that isn’t required, it might be worth doing just to cover your back. I did it just for ease of mind.

Has anyone else had similar problems with tenants leaving behind unpaid bills?

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7 Comments - join the conversation...

d.fenton2010-01-31 13:42:06 i went guarantor for my sons x through a letting agency she is on benefits who paid the rent direct to her, she faild to pay 2 months rent now the rent is paid in part to the letting agency £30 short which she fails to pay increasing arears. i have spent £300 on leagal advice, but the landlord rightly wants whats owed to him.she has been given 2 months notice to hand back the property.has anyone been in this nightmare situation and give me some peace of mind is there any light at the end of the tunnel so to speak 1

lisa2010-02-03 23:17:25 If you signed as a guarantor, any money owed by joint/tenants or property/financial damage to the landlord has to be your liability of the last resort. That is a commerical agreement. There is no limit of liability to a guarantor. You could be taken to small claim court for not paying it and get CCJ record on your credit rating i.e. you can not open new legitimate loans. 2

Bahar2010-03-28 19:06:06 I rented out my flat on the 27/12/2009 but the tenant has lost his job and wants to return to his country on the 22nd of April 2010. As a landlord I am responsible for utility bills such as electricity, council tax, water and TV licence in the address. However he asked to have a phone line and broadband line which I did not provide, I agreed to this on the condition that he takes full responsibility for it and pays the invoice which he agreed to. He finally drew up a contract with sky for 18 months. But now that he is leaving I have asked him to settle any outstanding debt with the company and provide me with a proof that he has no outstanding debt with them. He has agreed to do this but only if I return to him his £500 deposit now as he does not have enough money to pay for the bills. When I explained this would not be possible and the deposit will be returned to him only when he leaves the flat he said he will not pay the bill.
I want to know if I am at any point responsible for this bill if he does not pay it and if so what actions can I take against him as he is leaving to go back to Turkey.
asked if I could return his deposit of £500 3

Jools2010-03-29 13:55:11 If you did not sign the contract you are not responsible for the debt.

Tell him you will forward his deposit on to his home address (I hope you have secured it properly) and if Sky come a knocking give them the address so they can chase him in Turkey.

Jools 4

Bahar2010-03-29 18:14:59 Thank you very much for your help Jools. 5

Vianca2011-07-22 12:40:55 Pin my tail and call me a dokeny, that really helped. 6

Henna2011-10-16 19:11:58 Yes my scum bag tenants have done the same,they actually set up the utility bills in my name and then defaulted them and then set them up in fake names. I have done the same and sent the tenancy agreement to the the suppliers explaining what happened. I am also thinking of checking with the credit agreement agencies to see what else they have been taking out in my name. 7