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

csh_2

It's not at all out of character for falkirk council. They don't treat people as human and their attitude is why I gave up a council flat and worked 50 hours a week to pay private rent in a tiny wee place until I eventually saved enough to buy.

I agree completely she has been scammed by them. What are family saying OP? For example the cousins parents and yours?
What do you hope the outcome to be?
Can you come off the tenancy and live elsewhere? Obviously your cousin is not leaving so the flat will never be yours now...even if they do call off the hounds for the arrears you will still all be sharing
Maybe try and rent a one bed place and re join the council list?

theartfullodger

BobQ wrote: »

Would there be any point in complaining to the Local Government Ombudsman about the circumstances in which the OP signed an agreement for devts that were not explained to her? If they are about to ramp up the demands this might make them think. Any impartial observer would conclude (I suggest) that this is not the behaviour you would expect of a public service organisation.

Not really, they deal with England, this is Scotland..

Might be worth talking to the relevant body up there though,
http://www.spso.org.uk/

Clarkabell, you really need to talk URGENTLY to Shelter Scotland 0808 800 4444 as they are the experts... and I'm sure you appreciate this is a serious matter..

Expect a wait from Shelter, an excellent but overwhelmed charity... see...
http://scotland.shelter.org.uk/get_advice/how_we_can_help/_free_housing_advice_helpline

Shelter provides a free, national telephone advice line staffed by trained housing advisers. Lines are open from 9am to 5pm, Monday to Friday.
Housing problems can affect anyone. But many people can find it hard to go for advice or just don't know what help is available. Through our helpline, we have helped thousands of people solve all kinds of housing related problems, from finding them a place to sleep to suggesting how to handle mortgage arrears.
If you have a housing problem, you can call free on 0808 800 4444 (now free to call from all six of the main UK mobile networks, Virgin, Orange, 3, T-mobile, Vodafone and O2, but charges may apply from any other network). Lines are open between 9am and 5pm, Monday to Friday.
Our advisers can:

• give immediate, practical assistance
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• link you in with specialist or local services to help you longer term.

debrag

Clarkabell wrote: »

Thanks again for replies

My sons father already provides for him and will for new baby but he also has his own living costs so is not able to help.

I should mention I am Scotland also. I have the agreement that we both signed, it is like this:

Why aren't you living together?

csh_2

debrag wrote: »

Why aren't you living together?

Why does it matter? Don't see how the OP's relationship has anything to do with this?
Could be any number of reasons that they don't live together.

southoftheriver

debrag wrote: »

Why aren't you living together?

Is that really any of your business?

pooks

The OP has not being scammed at all. She is free to leave the variation with a request from both her and her cousin. If her cousin isn't moving out and accepts the debt, which should be fine unless of course her cousin knew what would happen..., then there should be no problems.

Prudent

Op do put everything to the council in an email or letter. If you speak on the phone follow it up with an email confirming what was said.

Clarkabell

I thought about going back to private renting but it's not what I want. Obviously if I need to I will buy it really is a last resort. It's far too expensive for a house that's never really yours.
And I asked the council what would happen if I done this and came off the tenancy and they said I would still be chased and liable for the arrears and wouldn't be able to rejoin the housing list or apply until the arrears are paid off or a suitable arrangement is in place an been stuck to for at least 3 months. They seem to have me from every angle.
I will be calling shelter and cab I just want to have as much info as poss to give them and your answers have been great and can't thank all who have answered enough.

And I really do not see what my relationship status has to do with anything, me and my kids father won't be moving in together, it's not for us but my kids are given a happy life with a happy mum and dad, even in this bad situation I would rather give them that than force us to live together for money reasons and make us all miserable in the process. Would rather we were all happy and poor than miserable and have money!

tbs624

DVardysShadow wrote: »

Hmm. I cannot see that OP is liable for arrears arising from before becoming a joint tenant on the information we have.

Sorry DVS - have to disagree with you on this one. There is info available via Shelter Scotland (as well as elsewhere) that indicates quite clearly that in the case of a Scottish tenancy being assigned, the asignee(s) take(s) on responsibility for any rent arrears which have already accrued. OP should have sought proper guidance prior to signing up to the tenancy agreement. AIUI the fact that she has become a joint T via a deed of variation means that she has effectively taken on joint responsibility for the cousin's arrears, regardless of the fact that they seem to have accrued prior to her becoming a joint T.

DVardysShadow wrote: »

OP, I would suggest that you pay your rent by cheque and with each cheque you send a letter stating the period for which you are paying. And keep a copy of each letter. Do not pay for any period before the Joint Tenancy arose at the expense of any period after the Joint Tenancy. You need as your first line of defence to keep the record perfect from the point the Joint Tenancy arose. This will stand you in good stead with a judge or an ombudsman wherever the matters arising from this issue will go.

Unfortunately, the OP and her cousin absolutely have to come to a suitable agreement with the Council regarding the paying down of those arears, in addition to meeting the current rent payments as they fall due.

As Artful says, the OP's best bet would probably be to seek advice via Shelter Scotland. If she is in Glasgow she may qualify for help from Govan Law Centre who apparently have a good track record on dealing with Ts and their housing issues.

DVardysShadow

tbs624 wrote: »

Sorry DVS - have to disagree with you on this one. There is info available via Shelter Scotland (as well as elsewhere) that indicates quite clearly that in the case of a Scottish tenancy being assigned, the asignee(s) take(s) on responsibility for any rent arrears which have already accrued. OP should have sought proper guidance prior to signing up to the tenancy agreement. AIUI the fact that she has become a joint T via a deed of variation means that she has effectively taken on joint responsibility for the cousin's arrears, regardless of the fact that they seem to have accrued prior to her becoming a joint T.

Then the SPSO route suggested by artful is the appropriate one - and perhaps the local press shaming Falkirk council is the appropriate route.

As I see it Falkirk council have pulled a very dirty trick here which is entirely lacking in integrity.