Joint tenancy - Been made liable for other tenants rent arrears - Help

Clarkabell

Hi, this is my first post and hope I'm in the right place!

Basically what happened was my son (age 5) and I were in a private rented accommodation which was too big and far too expensive for me to keep, I was getting further and further into debt as each month went on. My cousin was planning on moving out of his council accommodation (a 2 bedroom flat) so we thought my son and I would move in and apply for joint tenancy and when my cousin left the property could be signed over to me. When we went to apply for joint tenancy we were told my cousin had rent arrears so it probably wouldn't be approved. Next thing tho after a quick visit from the council to his flat they called and said it had been approved and we just had to go and sign the new tenancy. We done this and all was fine until a month into living in the flat I found out I was pregnant and my cousin changed his mind about moving out. So I am already sharing a child with my son and now expecting another child. I went to the council to apply for anothe house only to be told I cannot apply for housing due to my cousins rent arrears, which are £1500, and they are trying to get me to pay these arrears! I agreed to pay an extra £10 per week on top of my rent direct debit as they say if I've been paying them for 3 months then I can apply for housing. I have been told even if I take my name off the tenancy I am still liable for these arrears, I'm scared my wages or bank is going to be arrested, I have a new baby to get prepared for but can't even begin in this situation . Is this correct? Is there anything else I can do? The council know these are my cousins arrears, they can see by looking at the account when they're from. And I'm now being hounded by the council, they're at the door, sending me texts, phoning all the time I just don't know what to do.

Sorry it's a long story. Any help/advice is greatly appreciated,

Thanks

Clarkabell

It's is meant to say sharing a room with my son above! And also, the council are threatening us with eviction as they are saying the£10 extra per week is not sufficient to start bringing the balance down.

dt3887

unfortunately, as it is a joint tenenancy, IIRC, you will be jointly liable for the arrears. it may be different because the arrears are from before you were put on the tenancy, but i doubt it

princeofpounds

When are these arrears from? From the period when you had a joint tenancy or beforehand?

How your joint tenancy was legally created will be important. If you were merely added to the tenancy then you accepted the liabilities. If a new tenancy was created and the arrears are from the old tenancy you should not be liable (unless council tenancies work in some weird way I am not familiar with)

Just because the council is asking for it doesn't mean they are actually due it. Sometimes rent collection takes precedence over little things like, you know, being correct.

You can contact Shelter and CAB for free advice.

14Westfield

Yeah as above the council shouldn't have set you up in an new tenancy with liability for pre-existing rent arrears.
However, as you are newly pregnant you'll be moving in with your partner, right?!

theartfullodger

When did you SIGN the joint tenancy??

What sort of council tenancy was it ?? (Secure, Introductory, Demoted.. see..
http://england.shelter.org.uk/get_advice/renting_and_leasehold/council_tenancies
)

When were the arrears from/to?? For how much (approx) please?? Were any from before joint tenancy?? Have you put your offer of £10/week in writing (keep copy)?? If not do so NOW!!

Council rarely evict for rent arrears on secure tenancies, especially if there is a firm offer of repayment. If you offer payment MAKE SURE YOU KEEP TO IT!!!

Is there any court paperwork, in particular a possession order, against the joint tenancy??

Call Shelter, 0808 800 4444 but expect a wait for this excellent but overworked charity...

Clarkabell

Thanks for the replies.

All the arrears are from before I moved in. I signed the tenancy on 7th of may this year and all arrears were already there. My cousin gets housing benefit for his half of the rent and I pay my half through direct debit along with council tax and now the extra £10 per week for the arrears. The arrears are £1500 and odds. I'm not sure of the type of tenancy we have, i will look it out and get back to you. It was all done very quick, one week we were sitting in the council office with them telling us it prob wouldn't be approved with the rent arrears the next week we were in signing the tenancy with no mention of the arrears. I rushed into it as it was a chance to be a council tenant as they would not house me previously because I had the private rented accommodation. I thought I was making the best move for me and my son. Obviously not.

I am going to try cab as well it is just so hard getting to see someone.

I just dont see how this can be right and don't think it's fair my children and I will be penalised for something that had absolutely nothing to do with us.

My cousin is t sure exactly when the arrears are from but at one point they were up to 3000, he's been in this flat for 8 years now and says he's never had bother off the council like what were getting now. I feel like the council have used me as someone to get this money from as I am working!

squinty

Being harsh. You tried to cheat the system by engineering a situation which you thought would allow you to jump the queue for council accommodation but have been caught out by the reality.

squinty

Being more generous.

The Council were not correct in granting you a joint tenancy. The law (1985 Housing Act) is clear that a secure tenancy cannot be assigned, apart from in a few limited circumstances, none of which apply in your case.

However, you did accept the joint tenancy and if this was changed by assignment you have accepted that you are repsonsible for all aspects of the tenancy including rent arrears that occured before you moved in.

You can argue with the Council that as the Council had no legal basis to make this a joint tenancy the assingment is invalid and your cousin is still, and always has been, the sole tenant. Expect this to be a difficult argument, and you may need help of the CAB or another advice agency.

This argument will only apply if the tenancy is a secure tenancy, and in England or Wales. I have also assumed that you have previoulsy not attempted to mislead the Council.

ilovecheese

Can the father of your children help you out with the costs?

theartfullodger

I think the arrears should only apply to the previous tenancy, only therefore to the tenant(s) on that tenancy, not to the new one, and you should not be liable.. (unless some odd clauses in the tenancy agreement..). It is possible Council don't understand their rules ...

Check with CaB, or Shelter, 0808 800 4444 if CaB not able to help. Expect a wait from Shelter as they are busy..

Best of luck, keep us informed...