Debt Letters Left By Previous Tenant

wolvesbruza

Good morning all..

I have a question surrounding mail and debt.

My previous tenant vacated my property unanounced whilst I was on holiday. Her section 21 had ended and I was at the point of issuing a possession order.

I only have one property, not an experienced landlord. Had what I thought was a good relationship with the tenant who had lived in the property for many years.

Upon returning the property had substantial damage.

I had a visit from a debt collection agency who advised me there was an outstanding Shell Energy bill into the thousands under an owner occupier account and I was liable! They also advised me that it was very likely that water and council tax hadn't been paid, which again ran into the thousands.

Both water and Council tax have been sorted and I am not liable as they can chase her through the credit agencies. However, although Shell have stopped visits from the debt collection agency they seem unwilling to chase her through the credit agencies. I have provided tenancy agreements, letters, section 21 notice and various other documents to prove I don't live at the property.

The tenant hadn't paid any bills it seems for over 6 months.

From the moment the debt agency came to my home I have been on the front foot with this situation but Shell haven't been flexible despite receiving meter reading and pictures from the debt collection agency which clearly showed the house in disrepair.

The previous tenant is unwilling to provide a forwarding address. I know the housing association they were rehoused through but again they are unwilling to go via this organisation.

Instead Shell are still sending letter to both myself and the previous tenant to my property which now has another tenant in. Furthermore I am also recieving what looks like further debt collection agency letters to the property.

This has been going on now for two months and I simply do not know what to do with bothe Shell and the ongoing letters from all other parties.

All letters are unopened.

Please can someone help as I am really struggling to find the answers I need and am very worried. The tenant has simply absconded and left a trail of destruction in their wake.

Many Thanks

user1977

It's not clear from your post what period the Shell debts relate to - the previous tenant ought to be liable for the period of her tenancy. You're liable for void periods between tenants. Why are the letters unopened? You can open them.

wolvesbruza

Apologies, the period is relating to the period of her tenancy according to the information provided by Shell. However because they have no forwarding address and seem unwilling to chase through the credit agencies similar to both council tax and water they keep sending to my address as owner/occupier.
The ex partner has also emailed Shell to say they lived at the property during this period.

Furthermore I am getting other letters with her name on them which when you search the PO box numbers on Google are clearly debt collection agencies.

I feel stuck here as I legally cannot open mail with her name.

Despite providing evidence I didn't live at the property plus evidence of other outstanding debts for the same period, plus also an email from the ex partner stating she lived there. Shell seem to be not willing to chase her through.

TBagpuss

You can legally open letters in order to be able to contact the sender to let them know the person they are trying to contact is no longer at that address.

They can also (I think) validly serve any claim for a CCJ against hrte tenant to the last known address.

The new tenant can simply mrk any letters which come for the previous tenant 'gone away' and put them back in the post box - the post office can return them to sender.

If debt collectors come to the hosue the new tenant can simply ecplain that the old tenant no longer lves there - new tenant may wish to keep a copy oftheir council tax bill or tenancy agreement to hand to show them as proof. 

If Shell has stopped trying to claim that you are liable for the energy bill then it's not your concern how else they pursue her. If they are still trying to claim that you are aliable you may wish to take proper advice and perhaps get a solicitor to write to them.

Did your tenant owe you anything? Obviously if you are pursuing her for any debt and obtain her address then of coruse there is nothing to stop you providing that address to Shell or anyone else looking for her. 

were the utility bills in the tenants name when she first moved in? If not, then as I understand it, whether you are liable may depend on the utility companies policies. Did her lease explicitly state that she was liable for the bills and did you check after she moved in that they had been moved into her name? 
If the bills were in her name than you are not liable for them for the period she was in the property. 

user1977

wolvesbruza said:

I legally cannot open mail with her name.

Who told you that nonsense? There's no problem if it's been delivered correctly (i.e. to the correct address, which it has). Might not help you any, of course, and there's no principle that you're liable for her bills anyway.

Exodi

What is Shells formal response to this? If they are continuing with enforcement action, do they dispute that the property was rented out during the periods you state? Or that the tenant was liable during these periods? Or do you think they're just trying to strong arm you into paying because it's easier for them than chasing a tenant without an address.

Either way, I'd write a formal letter to their complaints department - no waffle, no unnessary details, just the facts along the lines of 'regarding debt ABC, the property was let out between X-Y dates to Z person, please find evidence attached confirming this. During this period, Z was liable for any energy usage within the property.

Please understand that ignoring claims that a debt is disputed and continuing to make unjustified demands for payment is harrassment'

wolvesbruza

Thank you all for you comments I am very thankful indeed, this has dragged on for 2 months now.

I am not chasing the tenant for the last months rent owed as I simply don't have the finance to do so. The tenant was the ex partner of a friend who vacated the property last year and she took the tenancy on.

After serving the section 21 I offered to support with rehousing by paying the first months deposit on a new place as I had known this person for a number of years and was mindful that she had already told me previously the only way I was going to get her out was to take it to court. However, whilst away on holiday she simply upped and left. Leaving damages to the value of 7k and thousands in utility debt.

I am not an experienced landlord and simply have tried to do what is right by the tenant by offering support but unknown to me that kindness wasn't reciprocated.

They are definitely 'strong arming' me into paying up. Which I am simply refusing to do.

- Signed tenancy agreement states the timelines.
- Section 21 states when she left.
- The week in between I happily paid

However. The bulk of the bill is still being sent to my property for the previous tenant due to Shell not having a forwarding address.

I have asked the previous tenant for her new address and she said ' I am not willing to share this information'

What has now alarmed me further in the past few days is that there are further letters from collection agencies (I checked the PO numbers) which now worries me that there are other uncovered debts.

Apart from being stressed. I feel foolish for doing my best to support the family with their move and offering to pay the deposit on a new place.

fatbelly

It's tiresome but you just mark them 'not at this address - return to sender' and put them back in the post.

If a debt collection agency wants to find her they will do. 

Exodi

Woh hold up - I just read some of the recent replies (only user1977s reply was showing when I replied).

Are you saying all these letters are in the ex-tenants name, and not yours?

If so, then this isn't your problem that you don't need to get involved in it.

My ex moved out and I've since had debt letters coming to my house (she clearly hasn't updated the DVLA with her address) - it's just a simple case of marking 'no longer lives at address' on the envelope and putting it in a post box.

If a debt collector was to show up, you can prove they no longer live there.

If they're not disputing that the debt is soley the ex-tenants then there is no issue here, I thought you were suggesting that they say you're liable for the debt.

sevenhills

user1977 said:

Who told you that nonsense? There's no problem if it's been delivered correctly (i.e. to the correct address, which it has). Might not help you any, of course, and there's no principle that you're liable for her bills anyway.

You can't open someone else's mail, but who is going to know.
I still get debt letters from when I had a lodger. I open them and have a read. Then into the bin, as he went back to India.

wolvesbruza

Sorry if it's not clear.

Example:

3 letters arrived today (Very regular occurance)

1) Addressed owner occupier to my property
2) Ex tenant name to my property
3) Debt collection letter addressed to previous tenant. Which I fear is a secondary debt as Shell have put a stop on their collectors coming to the property.

Ex tenant unwilling to give forwarding address.

Shell are stating that unless 'I' give them a forwarding address or the ex tenant gets in touch they will simply keep sending the letters to my property.

I have asked her ex partner for a forwarding address and he also doesn't have this due to her being unwilling to give it him.

Both myself and the ex have been in regular dialogue with Shell and they just seem not interested in chasing this through.

Which I personally do not understand as I have been all over this since the day the debt collection agency attending my property having sent letters to her multiple times.

Not only is this causing me untold stress having never been in debt previously. It is also causing my new tenant stress.

Let alone the thousands of pounds worth of property damage (Floor, sockets, windows, old clothing dumped in garden, to name a few) and final months rent I have been left to sort out.