Roommates Not Paying Bills in Scotland: Legal Rights & Steps

Dealing with unpaid bills when living with roommates is a common source of stress for renters across Scotland. If one or more flatmates leave utility, council tax or broadband bills unpaid, you may worry about your own legal liability, possible credit damage, and what steps you can take. This guide will take you through your rights, the relevant law, and practical steps for Scottish renters.

Who Is Legally Responsible for Shared Utility Bills?

Whether you're responsible for unpaid bills mainly depends on how your tenancy agreement and accounts are set up:

• Joint tenancy or joint account: If you and your roommates all signed the tenancy agreement or are all named on the utility bill, you are each jointly and severally liable. This means the provider or landlord can pursue any or all named tenants for the full amount.
• Individual tenancy or individual account: If you have a separate tenancy or bills are in just one person’s name, only those named are legally liable—but unpaid bills could still affect everyone’s living arrangements or cause disputes.

What Happens If a Roommate Doesn't Pay Their Share?

If your flatmate doesn’t contribute and the bill goes unpaid, consequences can include:

• Provider action: Utility providers may send reminder letters, threaten disconnection, or pass debts to collection agencies.
• Council tax debt: The council may issue a final notice or take legal action against all named tenants.
• Credit impact: Missed payments can be recorded on the credit files of those named on the account.
• Relationship strain: Unpaid bills tend to cause significant disputes between housemates.

It’s important to review your agreement and see whose names are actually on each bill. This influences your rights and your risks.

Dealing With Unpaid Council Tax in Scotland

If you and your roommates are jointly liable for council tax, non-payment can escalate quickly. The council may:

• Send reminders or final notices
• Apply to the sheriff court for a summary warrant (a form of court order for debt recovery)
• Add a surcharge of up to 10% to the amount owed
• Use sheriff officers to recover the debt

If you're struggling to pay, it’s best to speak to your local council as soon as possible.

Your Options: Steps to Take If a Roommate Won’t Pay Bills

If you’re left paying more than your share, or a bill remains unpaid, consider these steps:

• Communicate clearly with your flatmate—sometimes issues are caused by oversight or confusion
• Keep written records of what is owed and any discussions
• If possible, pay the bill to avoid disconnection or credit harm, and seek repayment later
• Contact the provider and explain the situation, especially if ex-flatmates have left and can’t be reached
• If you cannot resolve matters, consider legal action to recover your share (through the Simple Procedure process)

Relevant Official Form: Simple Procedure Claim (Form 3A)

• Name: Simple Procedure Claim Form (Form 3A)
• When to use: If you want to recover money owed by a roommate (for example, unpaid utility bills under £5,000), you start a claim in the civil court using this form.
• How it works: Download, fill in, and submit Form 3A to your local sheriff court. You can find guidance and the latest form on the Scottish Courts and Tribunals Service website.

Tenancy Agreements, Legislation, and Your Rights

Your responsibilities and risks are shaped by your tenancy. In Scotland, most private renters have a Private Residential Tenancy under the Private Housing (Tenancies) (Scotland) Act 2016.¹ Always check if your agreement includes clauses about bills or council tax and whether you are a joint or sole tenant.

Any unresolved disputes can be brought to the First-tier Tribunal for Scotland (Housing and Property Chamber) for certain issues.

If a Housemate Leaves Without Paying

If a roommate moves out and leaves bills unpaid:

• Let the landlord and bill providers know, providing forwarding details if possible
• Review your agreement to see if you or others are still liable
• Consider claiming their share through the Simple Procedure, if they refuse repayment

Quick communication with providers and your landlord helps protect your position.

1. Who is legally responsible if my flatmate doesn’t pay the electricity bill?
   If both your names (or all flatmates’ names) are on the account for the electricity bill, each is "jointly and severally liable"—meaning the energy company can ask any named person to pay.
2. Can unpaid utility bills affect my credit score in Scotland?
   Yes, if you are named on the account and the bill remains unpaid, this may be reported to credit reference agencies and impact your credit rating.
3. How can I claim back money if I had to pay more than my share?
   You can use the Scottish Simple Procedure (Form 3A) at the sheriff court to recover owed money for bills up to £5,000. See Simple Procedure Forms.
4. What official body handles disputes over tenancy rights in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) manages residential tenancy disputes.
5. Is there a difference between a joint tenancy and individual tenancy for bills?
   Yes. In a joint tenancy, all tenants named are responsible for debts. In an individual agreement, you’re only responsible for your portion (unless otherwise stated in your agreement).

Need Help? Resources for Renters

• Citizens Advice Scotland – Renting Advice
• First-tier Tribunal for Scotland (Housing and Property Chamber) – for tenancy disputes
• Scottish Government: Rented Housing Policy
• Scottish Courts Simple Procedure Forms – claim money owed for bills
• MyGov.Scot Guide to Council Tax

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1. Private Housing (Tenancies) (Scotland) Act 2016

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