Council chasing for rent, not lived there for a long time

johnnyboyc

A short synopsis:

Was living with husband in a council house (joint tenancy) up until 2009 when we parted ways; I'd assumed he'd taken me off the tenancy, but to my surprise I recently received a demand from the council for back rent for this year (husband is now in a care home it seems), and they're chasing quite aggressively.

What options do I have?

DE_612183

Can you prove you moved out in 2009?

What did the council say when you told them you hadn't lived in the property for 16 years?

johnnyboyc

DE_612183 said:

Can you prove you moved out in 2009?

What did the council say when you told them you hadn't lived in the property for 16 years?

I most certainly can prove this; subsequent electoral roll registrations, along with a plethora of other documents can corroborate my movements.

As for what was said, I quote:

'With respect of your liability for the current outstanding amount I can confirm you are still currently a joint tenant at <address removed> and unfortunately this means you are jointly liable for the outstanding amount on the account and ongoing payments until you have been removed.'

DE_612183

I'd ask the council to take you off the tenancy retrospectively.

As an aside - are you divorced?

What's happened to the property - is it empty?

WelshPaul

Only you can remove yourself from the tenancy. Unfortunately, the council are correct.

pinkshoes

As you can prove you have not lived there since 2009, then just send them your proof.

Are you still married to this man?

Or... if you're private renting now, then is it worth paying off the arrears and moving into this property if they think you're still responsible for it?! It's difficult to get a council property in most areas so could be much cheaper than a private rental, even when you add on having to pay the arrears!!

Alderbank

Shelter says this about joint Council tenancies (private tenancies are different):

What happens if one joint tenant moves out?

The joint tenancy continues if no one takes any steps to end it. Your landlord cannot just take someone's name off the agreement. You're both still responsible for the rent and any arrears. But the landlord is likely to ask the person who still lives there for the whole rent.

What paperwork did you get in 2009 when you assumed your husband had applied to remove you from the tenancy agreement? The Council would have written to you to confirm that and get your permission in writing.
If you got nothing then it sounds as though your husband didn't actually bother or didn't want to change the tenancy. He was content to pay the rent while he lived there so the Council would also have been content until he had to move out, at which time the Council starts to sniff around to find the other joint tenant who is of course jointly liable. 

Shelter goes on to say: 

If you leave but are still a joint tenant there is a risk that your ex will build up rent arrears that you are still legally responsible for.

Since you are still a tenant you might be able to move back in. That would be an attractive option for many people who are struggling to find private accommodation or to pay private rent at a much higher rate.

All Councils have different policies. What does yours say?

johnnyboyc

DE_612183 said:

I'd ask the council to take you off the tenancy retrospectively.

As an aside - are you divorced?

What's happened to the property - is it empty?

Not divorced.

Property is empty now, yes.

DE_612183

pinkshoes said:

As you can prove you have not lived there since 2009, then just send them your proof.

Are you still married to this man?

Or... if you're private renting now, then is it worth paying off the arrears and moving into this property if they think you're still responsible for it?! It's difficult to get a council property in most areas so could be much cheaper than a private rental, even when you add on having to pay the arrears!!

Or if you had the money could you buy the property off the council for a discount?

theartfullodger

Yes, just moving out of a joint tenancy does not end it - for all joint tenants or just yourself - nor does it end your liability for rent. 

Suggest very polite, calm, begging approach to council.

Sorry, it's the law...

badmemory

Does this bill include unpaid council tax?