Tenant's Council Tax Debt

bippetyboo

I had a nightmare tenant who left last December. He didn't pay the council tax and as I was liable for the vacant period after he left the council seem to have my home address. They seem to have passed his name and my address to a debt collection agency as I have received a letter for him saying they will remove goods.
I know that they can't take anything of mine but will my home address be liable for poor credit ratings?
Should I contact the bailiffs and say he has never lived here so stop wasting your time or just ignore their letters. Interestingly the bailiffs letter talks of previous applications for payment but they have never sent anything to my home address.
Thanks for your help in advance.

tbs624

Send the CT office/bailiffs a copy of the tenancy agreement showing the dates on which the tenant was responsible for the C Tax at the rented property( presuming your agreement confirms that it was the T who should have paid)

Poor credit ratings attach to people not buildings/addresses but you need to confirm that the former T has never resided at your home address.

Presumably you have sat on this for a while as Ctax folk send a number of letters before it gets to bailiffs.

theartfullodger

bippetyboo wrote: »

I had a nightmare tenant who left last December. He didn't pay the council tax and as I was liable for the vacant period after he left the council seem to have my home address. They seem to have passed his name and my address to a debt collection agency as I have received a letter for him saying they will remove goods.
I know that they can't take anything of mine but will my home address be liable for poor credit ratings?
Should I contact the bailiffs and say he has never lived here so stop wasting your time or just ignore their letters. Interestingly the bailiffs letter talks of previous applications for payment but they have never sent anything to my home address.
Thanks for your help in advance.

Sigh! Assuming by "here" you mean at his old home - Lying is never recommended and asking if you should be dishonest here at MSE is likely to result in insults..

Try being honest & tell everyone the truth??

What are you doing anyway opening someone else's mail.. that's illegal also..


No offence - presumably everything else - the tenancy, any licensing, tax authorities informed, etc etc - was legal & honest?? Aye, right, spotless, silly me..

clutton_2

contact the council and ensure they have the correct dates (and addressses) for liability for yourself and the tenant

BitterAndTwisted

Now, now Artful you should know full well that opening mail addressed to another person if delivered to the correct postal address is not illegal. In any case the OP has said that the debt-collectors have sent this letter addressed to the tenant but not at the address they rented but to the landlord's home address.

CIS

This happens a lot (I see probably half a dozen or so per day) - you need to contact the council as the bailiff will take instruction from them and advise them that you where only the L/L and that he is not resident at your address.

I know that they can't take anything of mine but will my home address be liable for poor credit ratings?

Council Tax has no effect on a persons credit rating (unless of they get to bankruptcy stage)

theartfullodger

BitterAndTwisted wrote: »

Now, now Artful you should know full well that opening mail addressed to another person if delivered to the correct postal address is not illegal. In any case the OP has said that the debt-collectors have sent this letter addressed to the tenant but not at the address they rented but to the landlord's home address.

Postal Services Act 2000 Section 84....

84 Interfering with the mail: general. E+W+S+N.I.

(1)A person commits an offence if, without reasonable excuse, he—

(a)intentionally delays or opens a postal packet in the course of its transmission by post, or

(b)intentionally opens a mail-bag.

(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.

(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.

(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

BitterAndTwisted

Yes, Artful but please read and understand your own cutnpaste job: that only applies IF a person is intending to act to the detriment of another AND without reasonable excuse. Opening someone else's mail in and of itself is not an offense

DVardysShadow

theartfullodger wrote: »

(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

Postal Services Act 2000 Section 84....

Wrong emphasis. Try this:

(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

olly300

theartfullodger - the OP has a reasonable excuse. And in fact has saved their local council tax payers some money by preventing the bailiffs coming out.

bippetyboo

Thanks for comments.
The tenant basically did a runner from the flat I rent out about 10 months ago and so it was surprising to see a letter pop through the door at my home address.
I have never had any correspondence from bailiffs or the council until today. I paid the equivalent of a week's council tax before new tenants moved in.
There was never any chance of forwarding the mail on as he has gone back to Nigeria. With respect to sending a copy of the tenancy agreement, he has a different name on that as he seemed to use an alias.
I will call the bailiffs to let them know it would be a waste of time coming to my home address and get on to the council and ask them why they gave my home address for the previous tenant. I haven't sat on any letters as I know that I'm not liable for anything but I'm wondering how to deal with it quickly.

To artfulodger. Regarding your three points

1. Sigh! Assuming by "here" you mean at his old home - Lying is never recommended and asking if you should be dishonest here at MSE is likely to result in insults.
By 'here' I mean my home address so your sighing and assumptions that I'm asking people for advise about lying is wrong. How on earth did you draw those conclusions from my post? Maybe you are someone who always thinks the worst in people. Oops you've got me doing it now as well. i am making assumptions about you! Sorry Artful.

2. What are you doing anyway opening someone else's mail.. that's illegal also.

See other responses.

3. No offence - presumably everything else - the tenancy, any licensing, tax authorities informed, etc etc - was legal & honest?? Aye, right, spotless, silly me.

I let through an agency and I pay my tax. No offence but yes. Silly you.