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Previous tenant paid bills!

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  • 28-07-2015 4:06pm
    #1
    potter18
    Registered Users Posts: 12 ✭


    I have recently moved out of an apartment after a years rent and had to cancel all the bills, pay them off and change the name back to the landlord in order to get my deposit back, however when I rang the gas network they said that there was no gas under my name, or my landlords name and wouldn't give me any more information. The landlord contacted them as he is the property owner and they gave him the name of the person who had been paying the bills for the last year, which was the previous tenant.
    My landlord has now told me that I owe over 1000 euro for the full year of gas that the previous tenant had been paying for, even though I never knew he had and he had never cancelled his direct debit.

    Where do I stand with this? Is it right for my landlord to keep my deposit and except the 300 more euro to pay to the previous tenant or should I contact the previous tenant myself to work something out?
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    #2
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    Had you been receiving bills, whose name were they in?
    How did you know how much to pay throughout the year?

    Also seems very strange previous tenant was paying bills without noticing, where was the money you were paying through the year going?


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    #3
    wirelessdude01
    Registered Users Posts: 8,422 ✭✭✭wirelessdude01


    Who did you think was paying for the gas that you were using?


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    #4
    Millem
    Registered Users Posts: 7,729 ✭✭✭Millem


    Did you not realise you weren't paying gas all year?


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    #5
    Captain Flaps
    Registered Users Posts: 1,834 ✭✭✭Captain Flaps


    Were you also paying the gas bill? If you didn't pay anything you probably are liable, if you had your own bills I'd be telling the landlord to take it up with the previous tenant who neglected to cancel his bill.


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    #6
    Saipanne
    Closed Accounts Posts: 4,882 ✭✭✭Saipanne


    I think the landlord is chancing his arm here.


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    #7
    Lux23
    Registered Users Posts: 7,134 ✭✭✭Lux23


    I would ask the landlord to get the previous tenant to get in touch with you so they can provide evidence that the bills were paid by them and see what happens.


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    #8
    potter18
    Registered Users Posts: 12 ✭potter18


    Hardly ever used the gas for the year as it only heated the kitchen but I half assumed it was all coming under the electricity bill and half just didn't think about it until I was moving out. I find it weird that the previous tenant didn't notice an almost 200 euro bill every 2 months for an apartment he no longer lived in, especially as my landlord will not release the deposit until I have full confirmation that I have cancelled and changed the names on all bills.


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    #9
    potter18
    Registered Users Posts: 12 ✭potter18


    Am I actually liable to pay as there is no outstanding debt with the gas company or is this more of a moral situation in that I should pay the guy as I was the one living there, even though he didn't seem to notice all year?!


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    #10
    Saipanne
    Closed Accounts Posts: 4,882 ✭✭✭Saipanne


    potter18 wrote: »
    Am I actually liable to pay as there is no outstanding debt with the gas company or is this more of a moral situation in that I should pay the guy as I was the one living there, even though he didn't seem to notice all year?!

    I'm no legal expert, but imagine this guy took you to court, you'd imagine the judge would award in his favour.

    This is purely my opinion now.


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    #11
    Gatling
    Registered Users Posts: 40,291 ✭✭✭✭Gatling


    potter18 wrote: »
    Am I actually liable to pay as there is no outstanding debt with the gas company or is this more of a moral situation in that I should pay the guy as I was the one living there, even though he didn't seem to notice all year?!

    There's no moral situation you owe somebody that was paying your bill for you
    360_F_102352090_ie3kLjDIvgrT1sxVDknWCUh8PxgMYzM7.jpg




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    #12
    potter18
    Registered Users Posts: 12 ✭potter18


    Saipanne wrote: »
    I'm no legal expert, but imagine this guy took you to court, you'd imagine the judge would award in his favour.

    This is purely my opinion now.


    Yes very true thanks.


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    #13
    Captain Flaps
    Registered Users Posts: 1,834 ✭✭✭Captain Flaps


    tbh while it's totally your fault for not realising you had a gas service you weren't paying for, legally I'm not sure that the landlord can withhold your deposit here. It sounds like the previous tenant might have cause to chase you for the money (not sure that would hold up though) but the landlord probably shouldn't be getting involved.


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    #14
    Dardania
    Registered Users Posts: 3,612 ✭✭✭Dardania


    You could take the view that the gas bill isn't in your name, so you aren't involved

    If you pay the landlord, what will he do with the money?


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    #15
    potter18
    Registered Users Posts: 12 ✭potter18


    Yes I am worried that if I just let the landlord keep my deposit, there is no guarantee that the money will be passed on to the previous tenant, but at the same time i have no way in ensuring the landlord will return my deposit either.


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    #16
    potter18
    Registered Users Posts: 12 ✭potter18


    Captain Flaps wrote: »
    tbh while it's totally your fault for not realising you had a gas service you weren't paying for, legally I'm not sure that the landlord can withhold your deposit here. It sounds like the previous tenant might have cause to chase you for the money (not sure that would hold up though) but the landlord probably shouldn't be getting involved.

    Yes it's my fault for not realising sooner, but I agree that perhaps it should be settled without the landlord being involved. The gas bill has been cancelled and returned to the landlords name now so there is no reason he shouldn't return my deposit I don't think.


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    #17
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,211 Mod ✭✭✭✭godtabh


    potter18 wrote: »
    Hardly ever used the gas for the year as it only heated the kitchen but I half assumed it was all coming under the electricity bill and half just didn't think about it until I was moving out. I find it weird that the previous tenant didn't notice an almost 200 euro bill every 2 months for an apartment he no longer lived in, especially as my landlord will not release the deposit until I have full confirmation that I have cancelled and changed the names on all bills.

    €200 every two months is more than handling using it. Our bill is €70 a month for a family of 4 in a 4 bed house where gas is used for heating and hot water.


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    #18
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,211 Mod ✭✭✭✭godtabh


    potter18 wrote: »
    Yes it's my fault for not realising sooner, but I agree that perhaps it should be settled without the landlord being involved. The gas bill has been cancelled and returned to the landlords name now so there is no reason he shouldn't return my deposit I don't think.

    Your gas bill isnt settled.


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    #19
    rawn
    Registered Users Posts: 3,093 ✭✭✭rawn


    If the gas only heated the kitchen and you barely used it as you mentioned I find it hard to believe you were using 200e every 2 months, something seems fishy here... Are you sure the gas only heated the kitchen? Did you have a gas cooker? Can the previous tenant contact the gas company and ask them to send a record of bills paid for the year? I would also ask to see some proof the the old tenant paid the bills, like a redacted bank statement showing the money being paid.


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    #20
    Saipanne
    Closed Accounts Posts: 4,882 ✭✭✭Saipanne


    I think the landlord is pulling a fast one here. The ideal scenario is you getting your deposit back and this guy getting the bill money back. But no way the landlord should be taking money here.


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    #21
    potter18
    Registered Users Posts: 12 ✭potter18


    godtabh wrote: »
    €200 every two months is more than handling using it. Our bill is €70 a month for a family of 4 in a 4 bed house where gas is used for heating and hot water.


    My landlord told me that the amount paid over the last 12 months is 1100euro which would mean about 90 a month. Shower was electric and heating literally just heated the kitchen, and as i didn't spend a huge amount of time in the apartment and am a student, it was a rare occasion that I even turned the gas heater on, so can't understand how it would cost more than what you are paying if it was mainly just the standing charge and VAT!


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    #22
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    If you were barely using it, how did it amount to so much? I use gas for cooking, central heating and hot water and it doesn't amount to that much.


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    #23
    potter18
    Registered Users Posts: 12 ✭potter18


    rawn wrote: »
    If the gas only heated the kitchen and you barely used it as you mentioned I find it hard to believe you were using 200e every 2 months, something seems fishy here... Are you sure the gas only heated the kitchen? Did you have a gas cooker? Can the previous tenant contact the gas company and ask them to send a record of bills paid for the year? I would also ask to see some proof the the old tenant paid the bills, like a redacted bank statement showing the money being paid.


    There was only one radiator in the entire apartment so I had an electric heater in the bedroom, cooker was also electric.

    Yes i'm starting to think perhaps the amount i have been told could be what this previous guy has paid over the two years rather than just the year I was there?


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    #24
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    potter18 wrote: »
    There was only one radiator in the entire apartment so I had an electric heater in the bedroom, cooker was also electric.

    Yes i'm starting to think perhaps the amount i have been told could be what this previous guy has paid over the two years rather than just the year I was there?

    Tell the landlord to pass on your details to the other guy and let you sort it out yourself. Then you can get actual bills from him for the gas used.


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    #25
    FishOnABike
    Registered Users Posts: 4,457 ✭✭✭FishOnABike


    potter18 wrote: »
    landlord will not release the deposit until I have full confirmation that I have cancelled and changed the names on all bills.
    If this is the landlord's policy how would the previous tenant not have canceled and changed the names on all bills.

    If the previous tenant has being paying for your gas use that is between you and the previous tenant. The landlord should not be withholding your deposit over a possible financial matter between you and the previous tenant.

    If the previous tenant can prove they have paid (not just been billed) for your gas use over the last year you should deal with the previous tenant and pay for the gas you have used. What you should pay may not necessarily be what the previous tenant paid if for example they were subscribed to a high usage tariff which you would not not have subscribed to with your usage.


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    #26
    potter18
    Registered Users Posts: 12 ✭potter18


    Michael D Not Higgins wrote: »
    Tell the landlord to pass on your details to the other guy and let you sort it out yourself. Then you can get actual bills from him for the gas used.

    Spoke to the landlord again and he said that previous tenant is not happy for my landlord to give back the deposit until I have paid the gas bill, and therefore he is saying he is keeping it until this is all sorted.

    I am happy to sort it our between myself and the old tenant as I did obviously use the gas over the year but the landlord definitely has no legal right to keep my deposit or to remain involved.


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    #27
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    FishOnABike wrote: »
    If this is the landlord's policy how would the previous tenant not have canceled and changed the names on all bills.

    If the previous tenant has being paying for your gas use that is between you and the previous tenant. The landlord should not be withholding your deposit over a possible financial matter between you and the previous tenant.

    If the previous tenant can prove they have paid (not just been billed) for your gas use over the last year you should deal with the previous tenant and pay for the gas you have used. What you should pay may not necessarily be what the previous tenant paid if for example they were subscribed to a high usage tariff which you would not not have subscribed to with your usage.

    It could also be estimated bills based on the previous tenant's usage.


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    #28
    Jan Laco
    Closed Accounts Posts: 284 ✭✭Jan Laco


    It's nothing to do with your landlord. don't give him a cent as he probably wouldn't send the money on. It's A deal between. you the provider and past tenant.


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    #29
    potter18
    Registered Users Posts: 12 ✭potter18


    FishOnABike wrote: »
    If this is the landlord's policy how would the previous tenant not have canceled and changed the names on all bills.

    If the previous tenant has being paying for your gas use that is between you and the previous tenant. The landlord should not be withholding your deposit over a possible financial matter between you and the previous tenant.

    If the previous tenant can prove they have paid (not just been billed) for your gas use over the last year you should deal with the previous tenant and pay for the gas you have used. What you should pay may not necessarily be what the previous tenant paid if for example they were subscribed to a high usage tariff which you would not not have subscribed to with your usage.


    Yes, that is what I cannot understand, how did the last guy manage to get a deposit back without confirmation that he had cancelled the bills. I agree it should be solved between me and the previous tenant but I am struggling to get the deposit back off the landlord.


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    #30
    potter18
    Registered Users Posts: 12 ✭potter18


    Jan Laco wrote: »
    It's nothing to do with your landlord. don't give him a cent as he probably wouldn't send the money on. It's A deal between. you the provider and past tenant.


    Can't do a lot at the moment as I have no name or contact details of the previous tenant and also no proof of the amount that was paid ie copies of previous bills so there is just a number that I have been given by the landlord which for all I know could be much more than it should be.


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    #31
    tina1040
    Registered Users Posts: 478 ✭✭tina1040


    Did you not wonder why you weren't receiving any bills after you had the bill put in your name?

    If the previous tenant isn't good at looking after his finances it's quite possible he didn't notice 6 payments out of his account over the year. Do you think you don't owe the money?

    Do you think the landlord should pick up the bill when that guy eventually cops on?


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