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

Zelie

squinty wrote: »

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

Indeed, I'm well aware of that. However it is not the OP who wishes to get a transfer to a nice new property. And it is the arrears which are preventing the ex-flatmate from being put on the transfer list.

For the OP, it's about potentially owing some money due to not ending her tenancy properly. For the ex-flatmate it's about potentially losing a home should the OP not play ball. A road she is unlikely to proceed too far down given that she has kids and wants a transfer.

Olly1_2

OK, council did not reply to me despite them asking me to email them regarding this so remaining tenant went to see them and they are doing a notice to quit which takes 2 weeks to take effect and then re-issuing tenancy solely in her name. She will need to re-apply for transfer but that should be it over hopefully - not happy that I will 'officially' be on tenancy until Aug/Sep 08 when the notice to quit takes effect from but as council are insisting on this or the deed of release I have no choice (deed of release is not right some on here say and also means I have to give contact details with nothing to say I am not liable upto that date).

Told her what I said to council that if they give me something confirming I moved in July 97 (as both tenants agree), even if dated from Aug 08, then I will give them a contact address and sign the deed of transfer so she does not need to apply for house transfer all over again.

Hopefully either way will sort this out thanks for all the helpful advice, some of you are angels on here - cheers

poppysarah

You could always tell the council if they don't think you moved in '97 you'd like your council tax back from where you moved to.

Ian_Griffiths_Halifax

Don't give her or them your address. She caused you financial misery in the past and she could do it again.

squinty

Olly1 wrote: »

OK, council did not reply to me despite them asking me to email them regarding this so remaining tenant went to see them and they are doing a notice to quit which takes 2 weeks to take effect a

From what you have siad, this will not be a valid notice to Quit. A Notice to Quit for most secure tenancies needs to be for at least 4 weeks ending on a Monday. If the notice is not valid, it may not be accepted/acted on.

I'd point this out, and give them the full notice period - take 2 copies, and ask the council to give you a reciept.

duchy

For your own peace of mind would it be worth running a creditcheck on the flat address in your name to make sure nothing shows up -and if it does obviously get it dealt with.

kittiej

When my exH and I split we had a council house together.

I left and sent them a letter asking them to put the house into his sole name and that's what they did.


If i were you I would see what they have to say and as prev poster said if they refuse to discuss the matter then tell them they can't have it both ways.

Either you are a tenant in which case they should discuss any arrears etc with you, or they accept that you are not a tenant and no longer liable.


If they do say that you are a tenant tell them you want rehousing and see what they say lol.

Olly1_2

poppysarah wrote: »

You could always tell the council if they don't think you moved in '97 you'd like your council tax back from where you moved to.

I like this idea! Obviously they would not repay all the council tax but in order for them not to they would have to admit I was staying in my own house paying my own council tax. Will point this out to them if they push for council tax etc.

Olly1_2

Ian - she has all my contact details already but thankfully has not passed them onto the council. After we shared a flat for those 6 months her sister and my brother got together (since split) but have a kid between them and I have my nephew every sat for past few years. The remaining tenant knows all this from her sister and knows my address, business website and contact info, phone, mobile etc which is why I am being nice to her incase she passes them all on to council etc or worse we argue, sister takes her side and I lose contact with nephew (cant have my own kids so nephew is extra special to me and had contact with him since weeks old)

Squinty - the council dont have a clue what they are doing - when I lived there they were threatening eviction for thousands in arrears - turned out they had not processed the rent rebate forms (we were both unemployed at the time) and they had us listed as owing double what the maximum (when working) full rent would have been!! Finally got it sorted but took legal aid etc and months to get it done and all was sorted before I left in 1997. Also they are the ones who wanted me to do deed of release which many on here think is wrong, and they now saying the notice to quit takes 2 weeks but will be back-dated to the date I contacted them on 15th August. I cant get receipt etc as I then need to give them contact address and due to past debts ran up in my name (years after I left) I dont want to be associated with that flat at all nor do I want the council having anyway to trace me - I was paid up with them when I left in July 97 so would prefer no contact with them now if possible (unless I get the letter saying I am not liable if there are any arrears since I left).

Again thanks so much for all the help - what a nightmare - I now know to double check these things and chase councils for everything, however back then I had no idea - thought letter and keys would be enough - we all live and learn

Olly1_2

duchy wrote: »

For your own peace of mind would it be worth running a creditcheck on the flat address in your name to make sure nothing shows up -and if it does obviously get it dealt with.

Thought about this - keep seeing adverts for free credit check but they want all your card details so am worried they are not legit as why would they need them when check is free? If someone knows a good reliable (cheap as possible) way to check please let me know and i will do it - just hate giving card details for something supposedly free lol (dont mind when is legit paying site).