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Leaving tenant refusing to pay bills

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  • 23-11-2012 2:45am
    #1
    Farland
    Registered Users Posts: 37 ✭


    I currently have a tenant that is leaving my house, she has given her months notice and is enquiring about receiving her security deposit back. I have said that once the her room is in the way it was left and that all her bills have been payed she will get it back. Except now a week before she is to leave she is refusing to pay her bills which have all gone past there pay by date. I am now going to have to pay the bills with the security deposit and any late fees which might be added now. Is there any repocusions for her, besides her obviously not getting her deposit back?


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    #2
    bassey
    Registered Users Posts: 936 ✭✭✭bassey


    Are the accounts in her name or yours?


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    #3
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Its precisely what the deposit is there for in fairness.


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    #4
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    that's not what the deposit is there for..A deposit is given with the intent of full return, or to cover the landlord for unforeseen circumstances. It is not cover someone not deciding to pay their bills. This is a last resort..

    But OP as someone else has already said if they are in her name leave them for her..if in your name..all you can do is bite the proverbial bullet and pay up unfortnately


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    #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    whomitconcerns wrote: »
    that's not what the deposit is there for..A deposit is given with the intent of full return, or to cover the landlord for unforeseen circumstances. It is not cover someone not deciding to pay their bills. This is a last resort..

    But OP as someone else has already said if they are in her name leave them for her..if in your name..all you can do is bite the proverbial bullet and pay up unfortnately

    On what do you base this assertion? I have always seen the deposit as security to prevent non-payment of rent/bill and damage. Happy to be corrected with cited sources.


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    #6
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    Maybe i didn't express clearly, the deposit is for security but that's what its meant to be, not an excuse for the tenant not to pay their bills, and should not be relied on the tenant to be allowed do so,

    Say the tenant in the above case wrecks the place in last few days..now OP has the bills to pay, the overdue fines AND has to pay to fix the place up????? I don't think so...


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    whomitconcerns wrote: »
    Maybe i didn't express clearly, the deposit is for security but that's what its meant to be, not an excuse for the tenant not to pay their bills, and should not be relied on the tenant to be allowed do so,

    Say the tenant in the above case wrecks the place in last few days..now OP has the bills to pay, the overdue fines AND has to pay to fix the place up????? I don't think so...

    I meant from the landlords point of view obviously; the landlord collects a deposit to cover themselves against any cost the tenant may leave, including unpaid bills.


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    #8
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    Who's name are the bills in? That is a pretty important factor.


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    #9
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    the issue here is what if she damages the place also as he/she is now forcing OP to use it for bills. Its not ideal at all...but teh big question as a few posters say is whose names are the bills in..


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    #10
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    whomitconcerns wrote: »
    the issue here is what if she damages the place also as he/she is now forcing OP to use it for bills. Its not ideal at all...but teh big question as a few posters say is whose names are the bills in..

    ''If you owe money for utility bills, such as gas or electricity, and the utility bill is in the landlord's name, they may withhold part or all of the deposit to cover these costs.''

    http://www.threshold.ie/advice/ending-a-tenancy/non-return-of-security-deposit-by-your-landlord/

    If the bills are in her name, the OP is not responsible.
    There is no reason to suppose she may damage the place though.


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    #11
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    nooo..i'm not supposing..just saying that she shouldn't automatically assume to use her deposit for this..OP should have this clear in lease. Just saying he would be stuck if that did happen. as you say bills in the tenants name makes things easier.


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    #12
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    whomitconcerns wrote: »
    nooo..i'm not supposing..just saying that she shouldn't automatically assume to use her deposit for this..OP should have this clear in lease. Just saying he would be stuck if that did happen. as you say bills in the tenants name makes things easier.

    Do people really do this? Wreck a place and not pay bills knowing that it will be paid for? Seems foolish.


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    #13
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    admittedly wreck is a strong word..but if you have a tenant that decides to not pay their bills on the assumption that they can use their deposit..it does leave you as LL paying for it if there is even a small amount of damage


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    #14
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    whomitconcerns wrote: »
    admittedly wreck is a strong word..but if you have a tenant that decides to not pay their bills on the assumption that they can use their deposit..it does leave you as LL paying for it if there is even a small amount of damage

    I suppose it depends on the size of the deposit. An average deposit let's say of 900 euro is likely going to exceed any bills a tenant may have.
    The OP though mentions 'his house' and 'her room' which leads me to believe she might be a lodger. No way to know of course unless OP gives more details. It would a sticky situation in that case though.


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    #15
    Farland
    Registered Users Posts: 37 ✭Farland


    Op here . The house is my parents, the deposit is 450. She has obviously had the notion that she won't get her deposit back the moment she leaves the house and is leaving my parents in the situation of having to pay her part of the bills with deposit. The UPC is in her name, I believe but not 100% about gas/elec I think that is in my parents name. Wreck the house is a bit strong, but she already spilt wine on a wall and the gas heating is on for 10+ hours a day even with her only getting home at 6ish, all other tenants have stated to her they won't be paying it as they have not been putting it on, so I'd say that will be 200quid easy. I don't think it can be fair for her to not pay sep-oct bills when she is vacating in december. november should be the month of bill hassle because she has only stayed half way into gas/elec bill. She's stalked nearly 300euro in her share of bills even before her room is checked and inventory etc taken..


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    #16
    Farland
    Registered Users Posts: 37 ✭Farland


    Btw my parents are not living in the house.


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    #17
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    so just take the bills money out of the deposit and give her the balance. Seems like the deposit will well cover her. Tbh, if I just about to move out, and huge bills came in, I would probably also say take the bills out of the deposit, rather than pay the bills, and run the risk of my deposit being delayed coming back


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    #18
    Farland
    Registered Users Posts: 37 ✭Farland


    I just don't understand it. There is no reason She shouldn't get the deposit back. Unless in her last week she plans on going on a rampage. Now the other tenants need to fork her part of the bill or they will get late fees and also lose a loyalty reduction on bills. Which is 15%


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    #19
    syklops
    Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    Farland wrote: »
    I just don't understand it. There is no reason She shouldn't get the deposit back. Unless in her last week she plans on going on a rampage. Now the other tenants need to fork her part of the bill or they will get late fees and also lose a loyalty reduction on bills. Which is 15%

    Once bitten twice shy. Maybe she has been stung before, paid off all the bills and at the last moment been told "There was a lot of wear and tear so your not getting the deposit back". You sound like an honest guy OP, but not every landlord out there is.

    Maybe go round a few days before she is due to move out and do a cursory inspection and assuming everything is in place and any damage is covered by wear and tear (unfortunately not an exact definition), convince her she will be getting her deposit back if she sorts out her bills.


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    #20
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    And get the bills out of your parents' names so they are not exposed like this in the future.


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    #21
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    Farland wrote: »
    Wreck the house is a bit strong, but she already spilt wine on a wall and the gas heating is on for 10+ hours a day even with her only getting home at 6ish
    Confused on how/why she has the gas on for so long. Have you not tried to fix it?


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    #22
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    This is confusing. Are your parents letting the house to a group of people, with all their/one of their names on the lease, or are they letting on a room by room basis with multiple leases? The answer is different in each case. If the house is let as a whole, the bills are in johns name, and Anne is moving out. It is up to John to ensure Anne pays the bill, nothing to do with the LL, and it would be dodgy to use the deposit in this case.

    If the bills are in your parents name, that is foolish as they will get involved in the tenants squabble as to who is running up the bills.

    In any case they most certainly cannot use the deposit to pay the other tenants equal share of the bills.


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