Finding a past tenant?

[scoot2001]

I am having a bit of a nightmare with the council over a previous tenant's unpaid council tax.

It is complicated but basically I have had a tenant who has been living in a rented property of mine for a few years do a moonlight disappearing act owing approx £2800 in unpaid council tax. The tenant was fully aware he was to pay council tax and signed a tenancy agreement with this clause.

The council claim we never ever informed them that there was a tenant living in the house (we thought we had but they are insistent) and have been unknown to myself sending bills out for the council tax which have been ignored by the tenant. The bills have been addressed to me as the council claim they thought I lived there and have mounted up over the last few years. The tenant never informed me the bills were coming and presumably just destroyed them. I think he realized he was getting in too deep and that's when he has left the property with no forwarding address.

The situation with the council is that despite me having tenancy agreements stating the tenant must pay the council tax and copies of letters from my solicitor to my tenant (another story) showing that he and his family had been living at my property within the date of the outstanding council tax, I am still liable to pay.

They are taking the stance that unless I can provide a forwarding address where they can pursue my old tenant for the money owed, they will make me pay (with court proceedings ongoing now), despite the fact I have proof I did not reside there. They even more or less said to me on the telephone that of course they now know I was not residing at the property, but it's easier to come after me for the money than someone with no known address!!

The tenant has even made a token payment the middle of last year when he presumably realized just how serious this was becoming.

What I want to know is that is there any way at all I can trace this person and get a forwarding address?

[Melboy]

I am having a bit of a nightmare with the council over a previous tenant's unpaid council tax.

It is complicated but basically I have had a tenant who has been living in a rented property of mine for a few years do a moonlight disappearing act owing approx £2800 in unpaid council tax. The tenant was fully aware he was to pay council tax and signed a tenancy agreement with this clause.

The council claim we never ever informed them that there was a tenant living in the house (we thought we had but they are insistent) and have been unknown to myself sending bills out for the council tax which have been ignored by the tenant. The bills have been addressed to me as the council claim they thought I lived there and have mounted up over the last few years. The tenant never informed me the bills were coming and presumably just destroyed them. I think he realized he was getting in too deep and that's when he has left the property with no forwarding address.

The situation with the council is that despite me having tenancy agreements stating the tenant must pay the council tax and copies of letters from my solicitor to my tenant (another story) showing that he and his family had been living at my property within the date of the outstanding council tax, I am still liable to pay.

They are taking the stance that unless I can provide a forwarding address where they can pursue my old tenant for the money owed, they will make me pay (with court proceedings ongoing now), despite the fact I have proof I did not reside there. They even more or less said to me on the telephone that of course they now know I was not residing at the property, but it's easier to come after me for the money than someone with no known address!!

The tenant has even made a token payment the middle of last year when he presumably realized just how serious this was becoming.

What I want to know is that is there any way at all I can trace this person and get a forwarding address?

Your Council is wrong!

If you can provide a copy of a signed Tenancy agreement with relavant dates and signatures than you are in the clear.

It is not the Landlords responsibility to chase up bad debts on behalf of the Council.

Go to Court and the Courts will inform the Council of their legal obligations and throw out the summons against you.

[scoot2001]

Your Council is wrong!

If you can provide a copy of a signed Tenancy agreement with relavant dates and signatures than you are in the clear.

It is not the Landlords responsibility to chase up bad debts on behalf of the Council.

Go to Court and the Courts will inform the Council of their legal obligations and throw out the summons against you.

That is what I would have logically assumed but they are insistent that as it was my responsibility to inform them who was living in the property and did not (so they say), I am therefore responsible (unless I provide forwarding addresses for the tenant)??

The fact I have proof they lived there through solicitors correspondence and appropriate tenancy agreements does not seem to make any difference.

I think it's time to get some legal advice if there is no way of tracing them.

[Melboy]

That is what I would have logically assumed but they are insistent that as it was my responsibility to inform them who was living in the property and did not (so they say), I am therefore responsible (unless I provide forwarding addresses for the tenant)??

The fact I have proof they lived there through solicitors correspondence and appropriate tenancy agreements does not seem to make any difference.

I think it's time to get some legal advice if there is no way of tracing them.

If what you say is correct that you did inform the Council then they should take that as a fact especially as you have backed it up with Contracts and legal letters. However,if you forgot to inform the Council then there should be shared responsibility but like you say your Tenant paid some Council Tax last year which surely is evidence that you were not liable.