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

Olly1_2

Thanks for your reply its much appreciated - I will contact shelter to see if they can help further.

Have also emailed the remaining tenant mentioning about the notice to quit i can complete but that it will end her tenancy also - this should hopefully get her contacting council and trying to see what can be done or completed etc - scare tactics I know and generally not my style but I have to do what I can to get out of this rent agreement.

I have someone who will check over my shop lease for me as I know more now than I did then and am much more cautious (probably over cautious now and check all small print etc), but back then I signed the rent agreement and not knowing any different figured the letter would be enough and they would contact me if any problems with this or anything else needed. I did not give 4 weeks notice granted as the move happened very quickly and I handed in the letter on my last day there (again did not know any differenlty then) - I was very niave and moved 400 miles away on a whim with a friend and it really did not work out at all - not the person I am today lol

Thanks again for help - hopefully shelter can shed some light on this.

Zelie

I'm sorry but I genuinely can't see the problem here. Ex-flatmate wants a transfer and needs the OP to sign a release. The OP can just refuse to sign until the ex-flatmate has provided clear evidence that there are no debts - and part of that will entail asking the council to write to the OP with that information. If the ex-flatmate doesn't play ball then she can continue to live there until she's cleared her debts. The OP is in the position of power here - use it!

Olly1_2

I love your line of deduction and hope thats the way it goes with the tenant and council as really like the thought of me being in power over this.

The problem i have is she has already gotten debt in my name and I dont trust her at all in that sense - if she knows I could be liable for debt then she can give them my info and i am forced to pay rent arrears and then with clean slate she can get her new house as I would have to sign off lease or continue being hounded for future rent on the place. If I get confirmation of no arrears and no chance of being hounded financially for anything about this then I can give council my aunts address (have her permission) and complete necessary paperwork to finally have this over with.

I cant outright say to tenant 'I dont trust you so give me something in writing to say i am in the clear' whilst at the same time I desp want to say this as worried I am then alerting her to the fact that I could be held liable for the rent as she may then stop paying it and give them my details anyway.

There was no reply at Shelter so I sent email explaining and will contact council again when they open tomorrow - fingers crossed its sorted soon - lots going on just now and this hassle is near tipping me over edge.

Zelie

Well sure, she could stop paying the rent. The council will eventually evict which doesn't harm you any and as she would be declared intentionally homeless she'd have NO chance of getting that nice transfer she wants. Yes, they could then chase you for rent money but I doubt she'd do it with the kids to think of.

lincroft1710

I think your letter of 1997 got irretrievably lost between reception and relevant housing official. Unfortunately you cannot prove you delivered it, and unless a letter is sent special/recorded delivery, is signed for, or sender is photographed handing letter over to recipient, it's impossible for anybody to prove delivery. I would doubt if there are rent arrears, Zelie's post makes good sense. If the tenant is currently the only adult in the flat, then she would be entitled to 25% discount on Council Tax, so if she has tried to claim this discount, must have explained you were no longer living there. In any case if council try to charge you for arrears of Council Tax, you have right of appeal to a Valuation Tribunal. I would doubt if there are arrears as council would chase this immediately. If you phoned council and said you wanted to settle arrears, I am sure they would tell you instantly if there were any.

kezia

Hi

I don't know if this helps at all but will it make a difference that you won't have been listed on the electorol register for the old property for 11 years? just a thought...

jacnorm

Anyone who wishes to end their tenancy with the council has to go into the office and sign the termination with a council official as a named witness on the forms. Also even if you had done this you would still not have been able to just walk away as they tell you when you are no longer required to pay your share of the rent. Usually four weeks from the date you sign the termination.

tbs624

Olly1 wrote: »

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..

No sarcasm there Olly1 - I simply don't agree with your contention that the onus is on the other party to a contract to tell you , as an adult, what to do.

Maybe it's best not to post on an open forum if you are going to get in a tizzy about replies that aren't in line with what you wanted to hear.

As you came to ask for advice - look back and you'll see exactly that in my previous post......

tbs624 wrote: »

..thoroughly check what you have to do if you want to release yourself from the contractual obligations...

tbs624 wrote: »

....never, ever rely on the other party to help you out.....

tbs624 wrote: »

....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....

tbs624 wrote: »

.....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.....

I hope that you manage to sort your situation out satisfactorily.

squinty

Zelie wrote: »

Well sure, she could stop paying the rent. The council will eventually evict which doesn't harm you any

Hold on - the point is that the OP is a joint tenant and as such is jointly and severably responsible for all aspects of the tenancy, this would include rent arrears.

Olly, whilst the information about the council not acepting a deed of release is technically correct - in reality some councils will still accept a deed of release. If the council offer you this as an option don't turn it down! Other councils will require a notice to quit from you to end the tenancy on behalf of all joint tenants, but willl offer a new tenancy to the other joint-tenant. A notice to qiut must contain 'prescribed information' and must be correctly dated (usually 4 full weeks ending on a Monday - so if you send the form in tomorrow the earliest the tenancy can end is the 29th September). It is unlikley that a letter will contain this prescribed information so ask the council for a copy of their forms (or download them from their website). It is not a legal requirement for this notice to be witnessed by a housing officer, but local procedures may suggest that the council prefer this.

Also, not sure where you are - but the law in Scotland is different from England. If you are looking at wessites for advice, make sure you look at the relevant bits

good luck

ekkygirl

If your ex joint tenant has rent arrears the council wont let her swap to another tenancy so she probably doesn't have any, or will need to clear them to be able to move.
If she has fraudulently gotten debt in your name she will not have had your signature which will be proveable. Its a bit of a mix up but not the end of the world. Council may question your explaination of handing in keys 11 years ago to a continuing tenancy, why would they want them, they cant re-issue them and they wouldn't want them.
You can't prove you did, they can't prove you didn't.

Tell your ex friend to get a statement of rent/council tax account for you to look at before you sign the tenancy over to her. She is the one who needs to co-operate with you, not the other way around.