Left council house but still on rent agreement 11 years later??

Olly1_2

When I have done something wrong or not completed something I generally put my hands up about it (especially stupid things done years ago) however I really feel the council are at least part responsible for not contacting me regarding the letter and keys being returned. Its like by accident not signing a form ending a contract and the company not telling you that you did not sign it and then charging you for 11 years - surely some of the onus is on them to contact the person to say they did not sign the form correctly.

Had I just walked out and done nothing I could understand, had I not given them a contact address again I could understand but nobody contacted me reagrding this to say I needed to do more and thats the bit thats frustrating.

Olly1_2

Sorry for another post just remembered a few more things - phone was in her name alone and I paid her cash for half the rental charge (until I found out she was not telling me when people called as phone was in her room and she did not want me going in there to speak to people so after that I only paid my share of outgoing calls if there were any). There was no gas supply and elec was on a token meter thing - I paid in £10 every week then discovered she was putting in nothing most of the time but eitehr way there should have been no arrears there. Council Tax I can prove I paid at my own house (should have payment books somewhere but as its a different council they should be able to confirm this). I dont think there are any other bills apart from the catalogues etc got in my name and despite the companies contacting my parents and demanding payment I was finally able to convince them I had left years ealier and was living 400 miles away at the time of the purchases so that was eventually dropped. I think its only rent arrears thats a problem if there are any, however the council wont discuss this with me but surely if I am on rent agreement still and therefore liable for any arrears dont I have a right to know the status of the account?

Ian_Griffiths_Halifax

If they say you are still on the rent book, then you are entitled to that information.

Alternatively, you can put the ball back in their court by saying that if they aren't prepared to discuss the rent situation with them, then they must admit that they don't hold you responsible for the tenancy.

Did they send any post to you at your parents address after you moved?

If it were me, then I'd send them a letter, with your parents correspondence address, advising them that as they are not willing to discuss the account with you, then you are accepting this as acknowledgement that you are not liable for any account with them and consider the matter closed.

Your ex-flatmante caused you problems and leave her to sort out the mess.

Of course in the real world, there is likely to be a lot more to it than that.

silvercar

Send a copy of the original letter that you sent back with the keys. Add a covering letter pointing out the date on the original letter and suggest there has been an admin error.

poppysarah

Ring shelter and ask them what they reckon.

house184

silvercar wrote: »

Send a copy of the original letter that you sent back with the keys. Add a covering letter pointing out the date on the original letter and suggest there has been an admin error.

Unless the letter was a notice to quit which is highly unlikely, IT DOESN'T matter what the OP said in the letter. One joint tenant cannot end a joint tenancy by surrender.

I guess the OP could of course forget the law and just try and baffle the probably poorly paid housing department into believing that she stopped being a tenant with her letter.

Olly1_2

house184 wrote: »

I guess the OP could of course forget the law and just try and baffle the probably poorly paid housing department into believing that she stopped being a tenant with her letter.

It was never my intention to baffle anyone - I am merely saying that surely some of the onus was on the council to inform me that a letter was not enough to remove myself from this tennacy. I would think once the letter was received then someone from the council would have contacted me at least once over the past 11 years to say something else was needed to be signed/filled in etc (which I then would have completed). Nothing on the rent agreement or in paperwork received from council when I took on the property said I had to do any specific procedure to remove myself from the tenancy - if I had known about this deed of release or whatever is needed (which it seems even the council dont know) then I would have completed it - had I not done this then of course It would be my fault but how can I be held liable for something the council did not tell anyone about?

If you wrote to remove yourself from a mobile phone contract then found out 11 years later they had a massive bill for you for that period because you did not sign the right form AND they had not contacted you during this time to say there was anything wrong with the letter you sent, you would not be happy - thats all i'm saying - they surely should have contacted me at least once to say "umm no, you should fill out this form also as your letter is not enough". I do chase up some unanswered letters etc but I dont think anyone chases up every letter they send - or if they do they have more time than me - I did not chase this up as had no reason to believe that the letter and returning the keys was not enough - remember at no time did anyone say any form or release etc needed to be completed - either before, during or after I lived there.

I am going to phone them (with witheld number) again on Tuesday to see if they received the email/letter and what the status is and will also send another email/letter saying as they have not responded I will consider the matter now closed and that I am no longer on the rent agreement - surely this will be enough to put the onus on them to either remove me or let me know whats happening and what needs to be done.

At least they dont know married name or my address just now so hopefully remaining tennant has no debts or can clear the debts before council can trace me - cant believe I got myself out of debt only to possibly be saddled with someone else's - arghhh!

tbs624

Olly1 wrote: »

It was never my intention to baffle anyone - I am merely saying that surely some of the onus was on the council to inform me that a letter was not enough to remove myself from this tennacy.

<sigh> No, the onus is on you, as *an adult* who has signed a legally binding contract, to thoroughly check what you have to do if you want to release yourself from the contractual obligations.

Each party to a contract acts in their own interest - never, ever rely on the other party to help you out.

Olly1 wrote: »

..... how can I be held liable for something the council did not tell anyone about?

You must be in your thirties at least, going on what you have said in your posts - if you don't understand the terms of a contract you ask, you take it to a CAB or a law centre, you get it checked out.

Olly1 wrote: »

- they surely should have contacted me at least once to say "umm no, you should fill out this form also as your letter is not enough". I do chase up some unanswered letters etc but I dont think anyone chases up every letter they send - or if they do they have more time than me

but on things as important as ending a contract that renders you liable for x thousand quid a year, most sensible people would quite simply *find* the time.

Olly1 wrote: »

- I did not chase this up as had no reason to believe that the letter and returning the keys was not enough - remember at no time did anyone say any form or release etc needed to be completed - either before, during or after I lived there.

and at no time did *you* think to check?

The fact that you managed to get yourself out of debt is admirable, and it must be galling to think that you may now be affected by an other party's debt problems but if you knew that you were in a difficult situation, you needed to take full responsibility for making sure that those ties were well and truly cut. You've said in other threads that you're looking at taking on a shop - get yourself a qualified legal adviser so that you don't make any further mistakes.No-one is expected to understand all the small print in every contract but you have to safeguard your own position by getting appropriate advice and guidance, rather than just pleading ignorance or trying to blame the other party for not holding your hand through it all.

Olly1_2

We are going round in circles here repeating the same information - I came on here to ask for advice - I may not like the reply to everything but surely sarcasm is not called for. I truely hope you never find yourself in any situation where you believed you HAD completed all you needed to only to find that the company/council or whoever needed other things completed. To others on this thread/board/forum who have offered helpful advice I give my thanks and appreciation.

It is all very well in hindsight to say I should chase up a lease or I should complete x form etc however as a young adult living in your first flat away from home I doubt that many people know they should complete a deed of release etc to give up a tenancy (as council now say, but some on this board say is wrong, meaning even council staff dont know what should be completed!). There are many many things I know now I did not know 11 years ago and unfortunately knowing that councils can and will ignore letters and keys and hold you on a lease for 11 years because you did not complete a form they never told you needed completed is sadly one of those things I did not know as a young adult. They had ALL my contact information at the time and many times on this thread I have said I only think they should home SOME of the blame for not contacting me to say the letter/keys were not enough. Either way as said before I will chase this up direct with the council tomorrow and update those on here who offered helpful advice of the outcome.

Fran

Olly1 wrote: »

It is all very well in hindsight to say I should chase up a lease or I should complete x form etc ...

I agree, the posters who say otherwise must be perfect.

There is information on the Shelter website about ending a tenancy, there is reference to not paying all the arrears, you could perhaps argue that the other tenant had someone living there which they did not tell the council about. Presumably in your letter you gave the four weeks notice required?

You definitely need legal advice though on this. Shelter might well be worth a phone call as someone else suggested.