£3000 Council rent arrears and i'm jointly liable

dljones

Hi, I'm posting this on behalf of somebody else.

3 years ago she left her then husband of 15+ years and moved out of the council house that they both rented and had a joint tenancy agreement. She's recently found that she cannot get her name put on the council housing list because she owes £3000+ in rent from the first house. She was told by her husband that her name was no longer on the agreement and that he informed the council. So i need help in thinking of ways to help her out. I should add that when she moved out the rent was all up to date and the arrears only started after she moved out.

The only thing i could think of is that she needs to prove that she was living elsewhere. Would this be sufficient?

Torry_Quine

Yes if she can show proof that she was living elsewhere during the period in question that should satisfy them. Its always a good idea to contact people yourself then you know its been done.

maninthestreet

Why are you jointly liable for your friend's debt?

Torry_Quine

maninthestreet wrote: »

Why are you jointly liable for your friend's debt?

I think she means her friend is jointly liable with her ex. :rotfl:

££sc££

Torry_Quine wrote: »

Yes if she can show proof that she was living elsewhere during the period in question that should satisfy them. Its always a good idea to contact people yourself then you know its been done.

I don't think this will I'm afraid. They're not going to write off half the debt and they can't pass it all to the other half if your friend is by contract jointly and severably liable

I'm not sure there's anything she can do, I feel she's liable unless other half willing to take all debt on

teeni

Torry_Quine wrote: »

Yes if she can show proof that she was living elsewhere during the period in question that should satisfy them. Its always a good idea to contact people yourself then you know its been done.

Not true actually your friend is jointly and severally liable for the whole debt.

If they pay it then they can claim the debt back off the party who was residenbt through the small claims court but as far as the council are concerned the debt is joint.

Is her name still on the tenancy if it is she needs to give notice on it asap to avoid the debt getting any larger

££sc££

teeni wrote: »

Is her name still on the tenancy if it is she needs to give notice on it asap to avoid the debt getting any larger

Or tell ex that in order to stop getting bigger she needs to give notice (council can accept it from either party) unless he accepts all debt and agrees to her Deed of Release from tenancy

teeni

££sc££ wrote: »

Or tell ex that in order to stop getting bigger she needs to give notice (council can accept it from either party) unless he accepts all debt and agrees to her Deed of Release from tenancy

yes if ex wants to keep the home it has to be worth a shot, if the repayment level is sufficent to allow the council to agree.

If the proeprty has been repossessed already and the debt is remaining then it will be registered against bothof your credit ratings and the damage will be done.

Fire_Fox

Ouch. Legally she did not terminate the contract so is jointly and severally liable for the full debt. She can try to prove she was resident elsewhere, but that is really appealing to the council's better nature, not a legal argument. Did she take her name off other bills like the council tax?

As far as the money is concerned she could pay the debt then take a small claims action in the county court against the ex for half or all the debt. But this won't help her get social housing, I suspect she may have to let go of that idea. Are there children involved?

squinty

££sc££ wrote: »

Or tell ex that in order to stop getting bigger she needs to give notice (council can accept it from either party) unless he accepts all debt and agrees to her Deed of Release from tenancy

Note quite true, a deed of release is not valid as a secure tenancy is incapable of being assigned (from memory the case is Camden v Burton)

The only was for the friend to end the tenancy is to serve the Council with a Notice to Quit - this will stop the arrears increasing, but will mean that she is ending the tenancy on behalf of all joint tenants - ie she will be making her ex homeless,

Looking at the arrears, your friend and the ex are jointly and severably resonsible for the debt. This means that she is equally responsible until the full debt is repaid, it is very unlikley that the Council will apportion the debt between them.

tbs624

Fire_Fox wrote: »

As far as the money is concerned she could pay the debt then take a small claims action in the county court against the ex for half or all the debt.

If the OP's friend failed to formalise her own exit from the property then IMO such a court claim would be unlikely to succeed.

As FireFox says elsewhere OP - has your friend checked up on her own liability for any ouststanding utility bills and C Tax etc at this rental property?