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Outstanding Bill

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  • 05-06-2015 6:00pm
    #1
    Closed Accounts Posts: 6


    Hi,

    I'm new to this forum and just looking to see if anyone can help me with my question.

    I have recently returned from Australia, where both me and my girlfriend were living with another couple in a rented apartment.

    Upon leaving the premises, we were issued with an electricity bill for $800 aud which includes 3 months usage alongside the disconnection fee.

    The bill itself is in my girlfriends name and she has been issued with a final notice which states that if not paid, the account will be reffered to an external collection agency which may mean extra costs for you and possible legal action.

    We are currently in discussion with our landlord in order to get our bond back from the property, but she is refusing to give it back - although there is no reason for her to keep it as the property was left the same. Originally, upon leaving the property we all agreed that we would use the bond to pay the outstanding bill but as the bond is not being returned, and we are now unsure as to where the other couple are, we cannot afford to pay the bill ourselves.

    Would anybody have advice as to whether the bill itself, if not paid, will come to affect my girlfriend in the future as she is the bill holder and the one receiving the notices? We have no intention to return to australia, unless for a short holiday in years to come.

    Any help would be greatly appreciated.

    Cliffs:
    * Renting in Australia
    * Outstanding Bill
    * not going to pay
    * Not returning to oz
    * will it affect us in future?


Comments

  • Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    TBol wrote: »
    We are currently in discussion with our landlord in order to get our bond back from the property, but she is refusing to give it back
    we were issued with an electricity bill for $800 aud which includes 3 months usage alongside the disconnection fee
    * Outstanding Bill
    * not going to pay
    * Not returning to oz

    Probably not getting your deposit back either.


  • Closed Accounts Posts: 6 TBol


    Yeah I understand that...If we don't pay, should the landlord pay the outstanding bill with the bond? or is that a seperate matter?
    The landlord isn't the most informative and is using delay tactics to answer anything we ask.

    The electricity is in my girlfriends name and not in the landlords, thats why we have a concern.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    TBol wrote: »
    Hi,

    I'm new to this forum and just looking to see if anyone can help me with my question.

    I have recently returned from Australia, where both me and my girlfriend were living with another couple in a rented apartment.

    Upon leaving the premises, we were issued with an electricity bill for $800 aud which includes 3 months usage alongside the disconnection fee.

    The bill itself is in my girlfriends name and she has been issued with a final notice which states that if not paid, the account will be reffered to an external collection agency which may mean extra costs for you and possible legal action.

    We are currently in discussion with our landlord in order to get our bond back from the property, but she is refusing to give it back - although there is no reason for her to keep it as the property was left the same. Originally, upon leaving the property we all agreed that we would use the bond to pay the outstanding bill but as the bond is not being returned, and we are now unsure as to where the other couple are, we cannot afford to pay the bill ourselves.

    Would anybody have advice as to whether the bill itself, if not paid, will come to affect my girlfriend in the future as she is the bill holder and the one receiving the notices? We have no intention to return to australia, unless for a short holiday in years to come.

    Any help would be greatly appreciated.

    Cliffs:
    * Renting in Australia
    * Outstanding Bill
    * not going to pay
    * Not returning to oz
    * will it affect us in future?

    Wow,
    The landlord has no reason to keep the deposit you reckon?
    Strewth mate


  • Closed Accounts Posts: 6 TBol


    cerastes wrote: »
    Wow,
    The landlord has no reason to keep the deposit you reckon?
    Strewth mate

    The only bill that is outstanding is that from the electricity, which is an external bill and which will be used to cover the cost of the bill.

    There is no damage to the property and no further outstanding bills.


  • Closed Accounts Posts: 6 TBol


    cerastes wrote: »
    Wow,
    The landlord has no reason to keep the deposit you reckon?
    Strewth mate

    The only bill that is outstanding is that from the electricity, which is an external bill and which will be used to cover the cost of the bill - when returned.

    There is no damage to the property and no further outstanding bills.


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  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Let's assume the bond will not be returned so can't be used to pay the outstanding bill.

    The only way I can see the electricity company possibly affecting your girlfriend in the future is if they get a court judgement in Aus which will allow them seize assets should she ever live there again, or they get take her to court here and win a court judgement.
    Taking a case against her in Ireland would a very expensive process and for €550 (AUS$800) it's effectively not worth their while and an Irish court may not even accept jurisdiction in the first place. They could seek the Irish courts to enforce an Aus court order but again that would be very expensive and there's a high risk the case will fall flat on it's face due to Ireland's strict conditions.

    The following may give some insight on enforcement of foreign court orders
    http://www.dilloneustace.ie/download/1/Enforcement%20of%20Foreign%20Judgments%20in%20Ireland(1).pdf

    Nevertheless she should make every effort to discharge the debt. She has the upper hand here so if she contacts the electricity supplier there's a good chance they'll jump to accept any reasonable payment plan she may propose.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    TBol wrote: »
    The only bill that is outstanding is that from the electricity, which is an external bill and which will be used to cover the cost of the bill - when returned.

    There is no damage to the property and no further outstanding bills.

    So there is an outstanding bill, why is the bill external? what does that mean? its a bill that you ran up and dont seem to want to pay and you want your bond (deposit back) which the landlord is declining (seems reasonable) to return this on the basis that you havent paid the electric bill, why dont you agree to get the landlord/agent to check the property pay the balance of any outstanding bills out of the bond? then get them to return any remaining amount to you?
    Rather than running a large bill up, why didnt you have it paid off or at least have the other tenants cover it with a deposit to your girlfriend.

    The other couple not being available really isnt the landlords problem, for a start thats up to you to divy up and its in your girlfriends name, you should have made that arrangement with them and maybe even gotten a deposit off them to that effect if you dont know them or where they will be or have had something in writing that any deduction from the deposit they owe will be you returned to you if any shared bills are discharged at the end of the lease/occupation/use of the property.

    The landlord isnt doing anything wrong and you say the property isnt damaged, like thats unusual or a bonus, it should be a given.
    The outstanding bill isnt the landlords so depending on what your lease says or what the laws and regulations are for the region, you may have forfeited your entire deposit.

    You also say,
    "Originally, upon leaving the property we all agreed that we would use the bond to pay the outstanding bill but as the bond is not being returned, and we are now unsure as to where the other couple are, we cannot afford to pay the bill ourselves"

    It's not clear, but it seems like you agreed between yourselves (the tenants) that upon leaving, any outstanding bills would be paid from the deposit, that really doesnt seem like a decision you can make yourselves without the landlord/agents input and agreement and really your lease probably has all you need to know there.

    If anything it looks like you have been stung by the other tenants and while its possible you dont know where they are, its seems unlikely you dont have contact details of theirs from living with them how long? FB, email, phone???

    It seems reasonable that the deposit would pay any outstanding bills assuming it can cover that or any amount owed. It may be that its paid upon clearing all bills.

    Contact the landlord as any delay or inability to repay due to not being present might encourage them to withhold the deposit based on time spent chasing you up, they might hold onto it and still not pay the bill so you should have a clearly made effort of communication with them, which would be best dealt with face to face or while still there.


  • Closed Accounts Posts: 12,318 ✭✭✭✭Menas


    Its a bit of a crappy thing to do, leave the country with outstanding bills. Future irish visitors to Australia may find the going harder thanks to you and others who have left debts like that.
    Your issue with the landlord is a separate issue. Two wrongs do not make a right.
    Also, these bad debts, no matter how distant, will come back and bite your girlfriend one day.


  • Closed Accounts Posts: 6 TBol


    cerastes wrote: »
    So there is an outstanding bill, why is the bill external? what does that mean? its a bill that you ran up and dont seem to want to pay and you want your bond (deposit back) which the landlord is declining (seems reasonable) to return this on the basis that you havent paid the electric bill, why dont you agree to get the landlord/agent to check the property pay the balance of any outstanding bills out of the bond? then get them to return any remaining amount to you?
    Rather than running a large bill up, why didnt you have it paid off or at least have the other tenants cover it with a deposit to your girlfriend.

    The other couple not being available really isnt the landlords problem, for a start thats up to you to divy up and its in your girlfriends name, you should have made that arrangement with them and maybe even gotten a deposit off them to that effect if you dont know them or where they will be or have had something in writing that any deduction from the deposit they owe will be you returned to you if any shared bills are discharged at the end of the lease/occupation/use of the property.

    The landlord isnt doing anything wrong and you say the property isnt damaged, like thats unusual or a bonus, it should be a given.
    The outstanding bill isnt the landlords so depending on what your lease says or what the laws and regulations are for the region, you may have forfeited your entire deposit.

    It's not clear, but it seems like you agreed between yourselves (the tenants) that upon leaving, any outstanding bills would be paid from the deposit, that really doesnt seem like a decision you can make yourselves without the landlord/agents input and agreement and really your lease probably has all you need to know there.

    It seems reasonable that the deposit would pay any outstanding bills assuming it can cover that or any amount owed. It may be that its paid upon clearing all bills.

    We left the property on the 4th of May, the bill deadline was the 22nd of May and the landlord told us our bond would be returned to us within 2 weeks of leaving the property (18th) and we were to use that money, to cover the cost of the bill.

    When I say it is an external bill, I mean it is not a bill to the landlord. It is with an external company and we are to use the bond money to cover its cost. The property has no damage, no other outstanding charges and even if you factor in any costs such as carpet cleaning etc, it is not amounting to the value of 4 weeks rent.

    We are not trying to get away without paying it, we are asking what would happen if it was not paid as the landlord is keeping the money from us, although it is a seperate matter and not the electricity providers fault, we are still in a prediciment that both me and my girlfiend will have to pay the whole balance and we are seeking advice as to whether it is in the landlords obligation to cover the cost using the bond.

    And Menas, the reason we left the country was due to not being able to stay due to lack of money. We left in a hurry with enough just for the flight home, and when we left the deadline for the electricity to be paid was not until 3 weeks later. Thank you for your opinion but im sure the actions of us being 2 weeks late to date on an electriticty bill will not effect any irish person in the future apart from ourselves.


  • Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    TBol wrote: »



    We are not trying to get away without paying it,

    You quite clearly stated in your posts that you are not going to pay the bill.


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  • Closed Accounts Posts: 6 TBol


    You quite clearly stated in your posts that you are not going to pay the bill.

    Apologies, in the cliff notes I stated it however it is not our intention. Im asking what would happen if we did not pay, as we have to cover the full cost for the other couple aswell we are weighing up our options.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    TBol wrote: »
    We left the property on the 4th of May, the bill deadline was the 22nd of May and the landlord told us our bond would be returned to us within 2 weeks of leaving the property (18th) and we were to use that money, to cover the cost of the bill.

    When I say it is an external bill, I mean it is not a bill to the landlord. It is with an external company and we are to use the bond money to cover its cost. The property has no damage, no other outstanding charges and even if you factor in any costs such as carpet cleaning etc, it is not amounting to the value of 4 weeks rent.

    We are not trying to get away without paying it, we are asking what would happen if it was not paid as the landlord is keeping the money from us, although it is a seperate matter and not the electricity providers fault, we are still in a prediciment that both me and my girlfiend will have to pay the whole balance and we are seeking advice as to whether it is in the landlords obligation to cover the cost using the bond.

    And Menas, the reason we left the country was due to not being able to stay due to lack of money. We left in a hurry with enough just for the flight home, and when we left the deadline for the electricity to be paid was not until 3 weeks later. Thank you for your opinion but im sure the actions of us being 2 weeks late to date on an electriticty bill will not effect any irish person in the future apart from ourselves.

    The landlord and the deposit have absolutely nothing to do with the outstanding bill.
    It is due and should paid. Getting payment from housemates is your problem and yours alone. Getting your deposit back is between the landlord and yourselves.


  • Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    TBol wrote: »
    Apologies, in the cliff notes I stated it however it is not our intention. Im asking what would happen if we did not pay, as we have to cover the full cost for the other couple aswell we are weighing up our options.

    Why would you need to know what would happen if you didn't pay? Sure you're going to pay it, aren't you?

    Your question has been answered already.


  • Registered Users Posts: 1,208 ✭✭✭Batgurl


    Pay the bill. First step.

    Lodge a complaint with the bonding agency and tell landlord of same. Second step.

    Get bond back to cover bill cost. Third step.

    It's not that difficult. Unlike Ireland, Australia has a pretty solid landlord/deposit system to prevent this.

    You are either making it unnecessarily difficult or looking for a way to get out of it.


  • Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    Batgurl wrote: »
    Pay the bill. First step.

    Lodge a complaint with the bonding agency and tell landlord of same. Second step.

    Get bond back to cover bill cost. Third step.

    It's not that difficult. Unlike Ireland, Australia has a pretty solid landlord/deposit system to prevent this.

    You are either making it unnecessarily difficult or looking for a way to get out of it.

    or theres a valid reason for not getting deposit back


  • Registered Users Posts: 4,414 ✭✭✭FishOnABike


    Has the landlord given any reason for not returning the bond? If not then raise a dispute with the relevant government office in whatever state you were, living in. The landlord will be notified and have to respond to the dispute.

    The money oweing could easily multiply several times with collection costs, legal costs, interest etc. and you could end up oweing several times the outstanding bill. Possibly enough to come back and bite you if you ever visit again, even on a short holiday.

    The utility company and landlord are separate, keep them separate. Pay the bill and follow the dispute process to have the landlord return your bond.


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