Tenant ran off - who pays what?

fifeken

A friend rents out a flat but I kind of deal with things at this end as the owner now lives abroad. A tenant has just absconded and left the place bare - it was fully furnished - and the police are dealing with this, although there are complications! She also left unpaid rent which the leasing agency will chase.

An electric bill has just arrived through the door today and I called the provider to explain the situation. They explained that recent legislation means that although they will chase up the (former) tenant for the money, if they can't track her down they will come after the owner for it.

My question (might be the first of many I think) is whether the Council Tax people might chase the owner rather than the tenant for their money if they haven't been paid?

I don't know if it makes a difference, but we're in Scotland.

QTPie

Does the LL have insurance to cover any of this?

QT

fifeken

She has contents insurance which we hope will cover the theft of the furniture etc. I wouldn't have expected it to cover bills but is this a possibility? Or would it be more specialised insurance? The insurance company is aware that the flat is let out.

clutton_2

whose name is on the bills - THAT is who is legally responsible ... you did phone the utilities and get them changed into the tenants name when she moved in didn;t you ? - Utility call centre staff try to bluff "newbies" landlords and agents into accepting debts that are not theirs - it the same with the council tax.

if you friend does not have BTL tenant insuracne she will not be covered for tenant damage/theft - even if she is - there will probably be at least £1000 excess for tenant damage claims

in answer to who pays - your friend will probably foot all of the damage and the lost rent bills - that landlording for you

fifeken

clutton wrote: »

whose name is on the bills - THAT is who is legally responsible ... you did phone the utilities and get them changed into the tenants name when she moved in didn;t you ? - Utility call centre staff try to bluff "newbies" landlords and agents into accepting debts that are not theirs - it the same with the council tax.

if you friend does not have BTL tenant insuracne she will not be covered for tenant damage/theft - even if she is - there will probably be at least £1000 excess for tenant damage claims

in answer to who pays - your friend will probably foot all of the damage and the lost rent bills - that landlording for you

The utility co. are chasing the tenant and I'm good with that, but the bit that worried me is that if they don't have any success they can come back and claim from the owner. They said this was new legislation from (I think)October last year. They knew the owner had moved out and issued a final bill at the time. Their subsequent letters have been to "The Occupier" but they have never had a name until I gave them one today.I'm not sure of the situation with the council tax - I'll need to ask the owner what steps she took at the time.

The insurers know the flat is let out (although it wasn't Bought to Let) - is that what you mean?

lincroft1710

In absence of tenant Council Tax will be landlord's responsibility.

fifeken

Will the council make an attempt to track down and charge the tenant, do they pick the easiest target or how is the decision of who to chase made?

lincroft1710

Council will obviously try to track tenant down, but if they draw a blank then they'll go for landlord.

clutton_2

councils speak to each other all over the country to try track down council tax evaders - and they do take recalcitrant tenants to court when they find them - if the property is not a student let/HMO and it has been registered with the council in the tenants name legally it is impossible for the council to claim from the landlord

re utilities claiming that the LL has to pay if the tenant wont - i think that is utter rollocks myself

fifeken

clutton wrote: »

councils speak to each other all over the country to try track down council tax evaders - and they do take recalcitrant tenants to court when they find them - if the property is not a student let/HMO and it has been registered with the council in the tenants name legally it is impossible for the council to claim from the landlord

re utilities claiming that the LL has to pay if the tenant wont - i think that is utter rollocks myself

Is it possible to find out if the tenant has registered for council tax with the council? The owner told them when she was leaving but did not have the incoming tenants name to give them at the time (dealt with by agency).

The utilities guy seemed up to speed and helpful and did say it was relatively new legislation.

real1314

fifeken wrote: »

Is it possible to find out if the tenant has registered for council tax with the council? The owner told them when she was leaving but did not have the incoming tenants name to give them at the time (dealt with by agency).

The utilities guy seemed up to speed and helpful and did say it was relatively new legislation.

I bet he was "helpful" once he'd got a name and address that he could try to bill to. It's still nonsense though.
Do you think they'd get the council to pay if one of their tenants did a runner? Or a housing association? He's making it up - ask him to give details of the actual act of parliament that he's referring to, then ask him if he is trying to obtaion money by deception? And ask for a copy of the call recording.