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date: Sun, 21 Jun 2009 15:07:44 +0100,    group: uk.community.social-housing        back       
Joint Council Tenancy - What if one party does not pay?   
I am trying to help out a relative.
He is a joint tenant on a council property (not HA) with his
step-father. His mum was also on the agreement but she died some time
ago, so now it is just the two of them.
The step-father is one of those people who works but borrows thousands
he cannot pay back (which is why they lost their home in the first place
and ended up in council accommodation, after 30 years of this behaviour
- they were even sleeping rough for some time). There are bailiffs at
the door every few weeks for his debts, and the son can no longer cope.
His own job is on a 6 month contract, so he is worried what will happen
if they do not renew the contract and he ends up on the dole - he would
only be entitled to half the rent in benefits, and the father would not
pay his half and they would both end up evicted.
The father is still not paying any of the bills - not the rent, or
council tax - the step-son has to pay everything while the father just
uses the place as a hotel (he has a string of girlfriends).
What is the son's legal position? Does he have any grounds for getting
the father evicted, or is it the case that the council will not care as
long as someone is paying the rent?
The son does not really want to move away from the property as it is
close to his work and he has no transport and doesn't drive (I thought
one alternative might be for him to bid on another property by himself,
but that could take years to qualify or be needy enough for him to be
offered anything)
Thank you for any advice.
date: Sun, 21 Jun 2009 15:07:44 +0100   author:   Maria

Re: Joint Council Tenancy - What if one party does not pay?   
Maria wrote:
> I am trying to help out a relative.
> He is a joint tenant on a council property (not HA) with his
> step-father. His mum was also on the agreement but she died some time
> ago, so now it is just the two of them.
> The step-father is one of those people who works but borrows thousands
> he cannot pay back (which is why they lost their home in the first place
> and ended up in council accommodation, after 30 years of this behaviour
> - they were even sleeping rough for some time). There are bailiffs at
> the door every few weeks for his debts, and the son can no longer cope.
> His own job is on a 6 month contract, so he is worried what will happen
> if they do not renew the contract and he ends up on the dole - he would
> only be entitled to half the rent in benefits, and the father would not
> pay his half and they would both end up evicted.
> The father is still not paying any of the bills - not the rent, or
> council tax - the step-son has to pay everything while the father just
> uses the place as a hotel (he has a string of girlfriends).
> What is the son's legal position? Does he have any grounds for getting
> the father evicted, or is it the case that the council will not care as
> long as someone is paying the rent?
> The son does not really want to move away from the property as it is
> close to his work and he has no transport and doesn't drive (I thought
> one alternative might be for him to bid on another property by himself,
> but that could take years to qualify or be needy enough for him to be
> offered anything)
> Thank you for any advice.

Bump
date: Mon, 22 Jun 2009 23:29:52 +0100   author:   Maria

Re: Joint Council Tenancy - What if one party does not pay?   
"Maria"  wrote in message 
news:h6GdnRKsaLdEmN3XnZ2dnUVZ8iBi4p2d@bt.com...
> Maria wrote:
>> I am trying to help out a relative.
>> He is a joint tenant on a council property (not HA) with his
>> step-father. His mum was also on the agreement but she died some time
>> ago, so now it is just the two of them.
>> The step-father is one of those people who works but borrows thousands
>> he cannot pay back (which is why they lost their home in the first place
>> and ended up in council accommodation, after 30 years of this behaviour
>> - they were even sleeping rough for some time). There are bailiffs at
>> the door every few weeks for his debts, and the son can no longer cope.
>> His own job is on a 6 month contract, so he is worried what will happen
>> if they do not renew the contract and he ends up on the dole - he would
>> only be entitled to half the rent in benefits, and the father would not
>> pay his half and they would both end up evicted.
>> The father is still not paying any of the bills - not the rent, or
>> council tax - the step-son has to pay everything while the father just
>> uses the place as a hotel (he has a string of girlfriends).
>> What is the son's legal position? Does he have any grounds for getting
>> the father evicted, or is it the case that the council will not care as
>> long as someone is paying the rent?
>> The son does not really want to move away from the property as it is
>> close to his work and he has no transport and doesn't drive (I thought
>> one alternative might be for him to bid on another property by himself,
>> but that could take years to qualify or be needy enough for him to be
>> offered anything)
>> Thank you for any advice.
>
> Bump

Very interesting question and I don't think there is a straightforward 
answer. The practical approach is to discuss it with the council's housing 
officer and explain the problem and say that he wants to evict the father in 
law or alternatively move to a new dwelling but without the father in law. 
If the housing officer can't offer any help or advice that only leaves the 
option of suing the father in law for his share of the rent.
date: Tue, 23 Jun 2009 09:27:26 +0100   author:   The Todal

Re: Joint Council Tenancy - What if one party does not pay?   
The Todal wrote:
> "Maria"  wrote in message 
> news:h6GdnRKsaLdEmN3XnZ2dnUVZ8iBi4p2d@bt.com...
>> Maria wrote:
>>> I am trying to help out a relative.
>>> He is a joint tenant on a council property (not HA) with his
>>> step-father. His mum was also on the agreement but she died some time
>>> ago, so now it is just the two of them.
>>> The step-father is one of those people who works but borrows thousands
>>> he cannot pay back (which is why they lost their home in the first place
>>> and ended up in council accommodation, after 30 years of this behaviour
>>> - they were even sleeping rough for some time). There are bailiffs at
>>> the door every few weeks for his debts, and the son can no longer cope.
>>> His own job is on a 6 month contract, so he is worried what will happen
>>> if they do not renew the contract and he ends up on the dole - he would
>>> only be entitled to half the rent in benefits, and the father would not
>>> pay his half and they would both end up evicted.
>>> The father is still not paying any of the bills - not the rent, or
>>> council tax - the step-son has to pay everything while the father just
>>> uses the place as a hotel (he has a string of girlfriends).
>>> What is the son's legal position? Does he have any grounds for getting
>>> the father evicted, or is it the case that the council will not care as
>>> long as someone is paying the rent?
>>> The son does not really want to move away from the property as it is
>>> close to his work and he has no transport and doesn't drive (I thought
>>> one alternative might be for him to bid on another property by himself,
>>> but that could take years to qualify or be needy enough for him to be
>>> offered anything)
>>> Thank you for any advice.
>> Bump
> 
> Very interesting question and I don't think there is a straightforward 
> answer. The practical approach is to discuss it with the council's housing 
> officer and explain the problem and say that he wants to evict the father in 
> law or alternatively move to a new dwelling but without the father in law. 
> If the housing officer can't offer any help or advice that only leaves the 
> option of suing the father in law for his share of the rent. 
> 
> 
Thanks. I thought I might try the council but they are so incredibly 
unhelpful when we have approached them before. They don't seem to care 
about anything - they even tried to palm the Mum (who was my Mum-in-Law) 
off with a mould encrusted flat, even though she was elderly and dying 
with bowel cancer. No way was that flat fit for human habitation...but 
anyway.
There would be no point in suing the father - he is a bankrupt and just 
pays nothing at all to anybody. I don't know how he gets away with it.
date: Tue, 23 Jun 2009 13:03:48 +0100   author:   Maria

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