Need help again please, just want to give up.

RecentPost

Cant add anything that hasn't already been said, but never give up its always worth doing something to resolve the problem

Its up to them PROVE IT OR LOSE IT!

tallyhoh

Strongly suspect that this was a joint tenancy & when he moved out nothing was done to break it. I worked in housing many moons ago & as I recall breaking a joint tenancy was fairly complex.

In a nutshell it was possibly still a joint tenancy when the ex left so both parties are being chased for the arrears.

You should definitely query the arrears & tenancy.

CurlySue2017

tallyhoh wrote: »

Strongly suspect that this was a joint tenancy & when he moved out nothing was done to break it. I worked in housing many moons ago & as I recall breaking a joint tenancy was fairly complex.

In a nutshell it was possibly still a joint tenancy when the ex left so both parties are being chased for the arrears.

You should definitely query the arrears & tenancy.

Thanks, as I said in post number one - he did live there with his ex but when they split up he moved out and went to the housing association office to sort out ending the tenancy. They got him to sign a document but he was never given a copy of it, so I have no idea how he will prove that after all this time and I'm pretty sure they will not be forthcoming with this evidence in his favour even if they do still have it on record.

EssexHebridean

If I were you, when you write, obviously explain about him moving out, and that he notified the HA IN PERSON, and then make a point of referring to "the document he signed confirming this" - and demand a copy. That way they are looking for a specific document - which he says he signed, and it becomes trickier because there is a degree of their word against his. It also introduces a little doubt on their side - he says that document existed, it becomes something substantive, rather than just "a piece of paper", non specific.

fatbelly

CurlySue2017 wrote: »

It wouldn't take it over the £20k no, so does that mean that no matter what happens the DRO should be unaffected?

That is my understanding from what you wrote.

I agree with the others on this

WhenIam64

They got him to sign a document but he was never given a copy of it,

He can send a Subject Access Request (free) for any communication or paperwork for the last 6 years - though it will depend on the archive policy of the HA.

Clearly if the letter is there, he will get a copy of it. If the letter isn't there, then it will come down to who a judge believes should it go to court.

See what a SAR produces and go from there. They have 30 days to produce the paperwork for him.

CurlySue2017

Thanks again for all of your advice, we will do as advised and see what happens and I will keep the thread updated as we get any news.

CurlySue2017

Hello again, I now have an update on this thread.

We wrote to the HA as advised and heard nothing for weeks. Then yesterday a letter landed which basically says the same as the last one "contcat us within 7 days to make a payment arrangement or further charges will be added" and also enclosed are pages and pages of statements relating to the rent.

Now in my mind, proof of a tenancy would be a signed TA at least, before producing statements.....of course please correct me if I am wrong on this!

What has now added to the confustion however is that the statements show that the balance was in credit for a long time and then costs have been added that bring it back into arrears again, which seems wrong to me.....how can they add charges to a credit balance?

So what should our next step be?

Do we simply write back and ask for a copy of the tenancy agreement? To me these stetements are not proof of any debt - they are not even addressed to that property - they are addressed to our current property but in OH's and his ex/gf's name and she has certainly never lived here!

Or do we call them and ask them to explain where the figures on the statement have come from?

WhenIam64

Have a look at the comments by tallyhoh. If it was a joint tenancy from 2011 then the tenancy rolls over into a periodic tenancy with joint liability for all the parties who have signed the tenancy

Q1. Did he send a Subject Access Request to the HA for a copy of the tenancy and all the related paperwork. If he contacted them to say he was moving out, it will be there.

There is a second check on tenancies and that is Council Tax. Was there a Council Tax Reduction applied for as he no longer lived there. The partner may have requested one or even adjusted a benefit claim to reflect this.

Q2. Has he send a Subject Access Request to the Council to see if he was liable - as if his name was on the tenancy there may be another debt there too.

This can be sorted with a few letters but if you don't send them, then the HA are at liberty to chase him as they have a reasonable belief he owes them money (and perhaps the Council too)

CurlySue2017

WhenIam64 wrote: »

Have a look at the comments by tallyhoh. If it was a joint tenancy from 2011 then the tenancy rolls over into a periodic tenancy with joint liability for all the parties who have signed the tenancy

Q1. Did he send a Subject Access Request to the HA for a copy of the tenancy and all the related paperwork. If he contacted them to say he was moving out, it will be there.

There is a second check on tenancies and that is Council Tax. Was there a Council Tax Reduction applied for as he no longer lived there. The partner may have requested one or even adjusted a benefit claim to reflect this.

Q2. Has he send a Subject Access Request to the Council to see if he was liable - as if his name was on the tenancy there may be another debt there too.

This can be sorted with a few letters but if you don't send them, then the HA are at liberty to chase him as they have a reasonable belief he owes them money (and perhaps the Council too)

Oh gosh I didn't even consider that, this just gets better doesn't it Each time we think we have truned a corenr we are hit with something else and I'm not sure how much more of this I can cope with to be honest. Anyway that's a whole other post......

No SAR has been done yet, we simply sent the prove it letter to start with so I guess an SAR should be our next step?

Are they allowed to add any extra charges whilst this is in dispute, as this is my main worry. Given the amount of time thay have taken to reply to our letter, this could go on for a long time and the alleged debt will just keep getting bigger if they keep adding charges.

Sorry I keep referring to "us" and "we"....... this is nothing really to do with me, I'm just trying to help him sort out this mess so that we can get back to living instead of simply existing.