Forum spotlight: Tenant has left without paying their share of the bills
A HMO landlord took to our forum this month to ask a question about shared bills at their rental property.
The landlord explained that a tenant, who had been living in the houseshare for a few months, gave notice after losing her job.
This tenant had paid rent up until the end of the notice period, but had moved out a month before this ended to live with family.
The remaining tenants living in the houseshare then contacted the landlord in relation to payment of the energy bills.
Despite the tenant not physically living at the property during the final month, she was technically responsible for paying her share of the energy bills up until the end of the notice period.
Therefore, the remaining tenants asked her to pay half the amount she’d usually pay each month towards the bill.
The tenant who left refused to do this - on the basis she wasn't living there duiring the final month so have not been using the utilities. The remaining tenants then contacted the landlord asking them what to do next.
The landlord contacted the forum to say they were willing pay the outgoing tenants’ portion of the energy bill if necessary, but wanted advice from fellow landlords first.
The responses on our forum
The first person to respond said that in their view, this would depend on whether the tenants in the houseshare are on a joint and several tenancy agreement, signed by all of the parties, or room by room individual tenancies.
This landlord suggested that if the agreement is joint and several, then each of the tenant does remain liable until a deed of surrender is signed by all and a new tenancy has been signed by all those who remain. Had the tenancy been periodic then the vacating tenant can end their liability and the whole joint tenancy alone by giving written valid Notice to Quit (NTQ) to the landlord complying with any terms in the tenancy referring to service of notices.
However, if the property is let on a room by room tenancy basis, it would depend on what was agreed in writing as to whether the tenant who left should still pay a portion of the energy bill despite not living at the property at the time.
Another experienced landlord, and frequent forum user, then gave their opinion.
They said that unless the rent is inclusive of bills, as a landlord, they wouldn’t get involved at all and would prefer to leave it to the tenants to sort out and reach an agreement.
They did, however, say that in their view, if the tenant was not living there and so not using any energy, the overall monthly usage would be lower than normal.
They said that in their HMO, the account holder is responsible for paying for usage in the house. If someone moves out they are liable for daily pro- rata rate and this is all explained in each tenant's AST, so all is transparent.
The view from our expert advice team
The NRLA adviser then joined the conversation and agreed the situation does depend on the tenancy type. If it is a joint tenancy, then the tenants would need to sort it out between themselves, if the bills are in their names with the utility company.
If they are room only lets, then it also depends on what was agreed between our landlord and the outgoing tenant. If the tenant broke the terms of a 6 or 12 month contract by leaving early, the landlord would have had to agree to this with terms specified, unless of course a shorter length AST was signed.
