Tenancy Agreement Age 16

[pleasehelpme]

I Had A Dispute With The Council (long Story But Basically Because The Council Messed Up On Legal Paperwork When I Bought My Mothers Council Home The Discounted Rate Should Have Been 26k But Some Guy At The Council Made An Error And The Offer On The Documents Was 6k They Had To Sell It To Me For 6k So I Got A Bargain, And They Were Obviously Very Annoyed)and They Have A Big Thing Against Me.

Soon Afterwords Someone From Council Visited My Home (i Was Not In) Left A Card Saying I Had Housing Arrears From A Tenancy I Moved From In 2003. I Asked For Info As I Moved In 2003 From The Council House In Question To A Private Rented House. (the Council Wrote A Reference At That Time To My Landlord) The Council Knew Id Moved And The Council Tax Was Changed To My New Address, Yet They Are Saying They Had To Evict Me From My Council House - (5 Months After I Had Actually Moved) I Had No Corispondance Other Than A Letter Of Eviction Which Arrived At My New Address , I Called The Council In 2003 Explaining That There Was No Need To Evict As The Property Was Empty And That I Had Left 5 Months Previous, I Advised Them That Council Wrote A Reference To My New Landlord And Then I Heard Nothing From Them. It Was 3 Years Later In 2006 They Messed Up On My Mums House And Sold It To Me Too Cheap. By That Time I Had Also Moved To A New Build House That I Bought.

My Mother Left The Country Leaveing Me With The Home Id Bought From The Council So I Thought Id Rent It Out, A Letting Agent Said It Was Worth £550 A Month, I Got A Tenant Who Was On Benifits And The Council Would Not Pay Me Any Rent Money For The Tenant Claiming, Saying The Deeds Were In My Mothers Name, Yet They Didnt Pay The Money To My Mum Etheir, So I Got Rid Of The Tenant And Then The House Was Empty As Soon As It Was Empty They Tried To Say I Was Liable For The Council Tax, Even Though The Claimed The House Was Not Mine But My Mums??? To Save The Hassle I Got New Tenants Who Pay Me Rent In Cash, Anyways The Council Seam To Have A Grudge Against Me From Them Selling Me The House Too Cheap! And Thats Why They Dig Up This Issue With The Old Arrears.

My Solicitor Said That I Should Offer To Pay Half (£750) In A Final Settlement Just To Get It Out The Way But The Council Refused This And Want The Full 1.5k So I Asked For A Copy Of My Tenancy Agreement Which They Have Given Me Which I Signed In 1996 When I Was Only 16 Years Old.

So Basically My Question Is:

Can A Landlord Claim Rent And Legal Costs If A Contact Was Signed By A Minor At 16 Years Old (no Guarentor Signed Either)?

Can They Claim Even Though I Have A Copy Of The Reference The Council Gave To My New Landlord Saying I Was A Good Tennant?

Can I Claim Against Them For Harrasment?

Can They Claim If I Have Proof That I Notified Them That I Moved Ie Council Tax Records.


Thanks In Advance

[MrShed]

2 things:

1) Lose The Capital Letters
2) Repost in the Lettings section


Until you do at least the first, and make your points more succinct, I REALLY cannot make out the background, and so cannot advise.

[pt2537]

dont repost in the lettings section

i will move the post there now

[MrShed]

Fair enough PT

OP: would you mind reposting, maybe in bullet form, the timeline/history of this? I really cannot make sense of it, despite three readings.

[pleasehelpme]

hi sorry i know its a bit of a story i will try make it easier

1. i signed a tenancy agreement at the age of 16 with the council, i lived there for 7 years and moved to a private let. i notified council tax of my move and the council wrote a reference to my new landlord.

2. 5 months later i get an eviction notice from the council (sent to my new address) i called them to advise that there was no need to evict as the property was empty id moved out and the council were aware with council tax records and the reference they wrote for me. i hear nothing after that.

3. 2 year later i buy my mums council home the discounted rate should have been 26k but the council made an error and on the legal docs it said 6k so i bought the house for 6k (deeds in my mums name) but i got an agreement set up with the solicitor basicly saying i paid for the house, my mum has lifelong rent if she wants it and after 3 years it will be transfered into my name.

4. mum moves abroad, i notify the council they say im liable for council tax, i didnt want to pay the council tax so i got a tennant (who was intitled to housing benifit) got a lease agreement and the council refused to pay me the rent money on behalf of the tennant reason is because they say my mum is the legal owner, yet they didnt pay my mum either?
I get rid of the tennant after a 7 month fight with the council and still no rent money.
they try to bill me for council tax again even though they say im not the legal owner? so i get a cash paying tennant so now they are billed the council tax and i get rent money.

5. i then recieve a visit to my personel address from debt dept (i was not in) i wrote a letter to them , i cannot understand why they send collectors round without sending a bill or a letter first? they have dug up the old tenancy thing, (5 years later) as stated in note 1 .

i feel as though they are angry that they made an error in selling me my mothers home for 20k less than what they should have charged me and that they are angry i am letting out the home at a yearly cost of more than what i paid for it. i feel as if they have a grudge against me.
They even got a fraud man to contact my mum as they thought I was just trying to claim money falsely for a property that i did not own even though i had the legal docs, mum obviously told them i bought the house and i could do what i wanted with it.

I still have not recieved a penny from them in over due rent for my property nor has my mum.

my solicitor is having an ongoing battle with them.

but back to the thing they are chaceing me for......

i signed the agreement when i was 16, i did not have a garentor, i was only 16 years of age, they say a tenacy agreement is legal from age 16 but i thought a tenacy agreement was only enforceable at age 18. I was a nieve 16 year old when i signed for this home.
If an agreement is signed at age 16 is it legal?

i have a copy of the reference written by the council 7 years later telling my new landlord im an excellent tenant

i have proof that i didnt live at the address as i was paying rent and council tax at my new property.

they are not chaceing me for council tax for that period only rent?

my solicitor advised me to agree to pay half the bill, i accepted only to get it out of the way but the council refused - they are after my blood ! haha. no seriously. if i was due this money i would have paid it, im not short of cash and the council knows i have assets with property and businesses in my area, its not a problem for me to pay it but im not happy to pay for 5 months rent and legal costs when they knew i was not living at the property.
any help would be great

[MrShed]

Did you give the council formal written notice of you leaving?

[havinastella]

So a quick summary

You screwed the tax payer for £20,000

You don't live in the property the tax payer got screwed for and rent it out for cash (do you declare this to IR?)

And now want to loose arrears you owe of £1500 on a technicality?

Jogs

[MrShed]

Originally Posted by havinastella

And now want to loose arrears you owe of £1500 on a technicality?

Jogs

Can you explain this bit to me HaS - still cant understand the full story!!

With regards the "screwing the taxpayer" thing - perhaps a tad unfair, if the same happened to me I must admit I;m fairly sure I would do it, I think most people would to be honest. I do see your PoV though.

[pleasehelpme]

Originally Posted by havinastella

So a quick summary

You screwed the tax payer for £20,000

You don't live in the property the tax payer got screwed for and rent it out for cash (do you declare this to IR?)

And now want to loose arrears you owe of £1500 on a technicality?

Jogs

if a family member offered you to buy their council property which is worth 100k for 26k who you do it? most people would, its not my fault that when the paperwork came through it said only 6k, my solicitor dealt with it all and the paper work said we offer the propery for 6k if someone offered you a house for 6k would you say wooops you made a mistake charge me 20k more? i think not! maybe it should be the goverment you should have a go at. ive worked very hard to get where i am now and i must add im a high rate tax payer and the house is let out by a letting agent and the money is paid into my bank and i am a registred landlord any more questions?

[havinastella]

PHM,

Sorry if I sounded harsh, I was just trying to clarify the post, it does not seem that I was that far wrong :P

Damn, If I was offered the £100,000 house for 26k, yes I would jump, getting it on a technicality for 6K, WHOOPPEE.

My question is, do you owe the £1500 and are you trying to get away with it saying you signed the agreement when you was only 16?

Jogs

x x x

[MrShed]

Haha no worries

Although hes beginning to lose me on the whole "im a high rate tax payer" thing....

With regards your other thing - I personally wouldnt class the 16 year old bit as a "technicality" - at 16 you cannot legally enter into such a tenancy. This isnt a technicality(like for example rejecting a eviction notice as it had a line missing) - this rule is for good reason.
That said, the mentioned arrears were accrued AFTER the age of 18, when the tenancy was probably an SPT, and as such the age thing will be no defence IMO. The only defence is whether possession of the property was fully returned to the council, by giving formal written notice, and returning the keys.

[pleasehelpme]

no, i left the property and handed back my keys all my rent was up to date when i left, the council wrote my new landlord a reference saying i was a good tenant (i have a copy) obviously someone at the council did not compleate the rent paperwork - they did the council tax but not the rent so from january when i left until june when they evicted they are trying to charge rent and fees but my point is i did not live there. i lived at a new address paying full rent and full council tax. im not trying to get out of paying money to anyone. my point is why should i pay for it i did everything correct would you pay 5 months rent on a place you didnt live at?

also i got a council house at aged 16 as i had family issues, i had my first job aged 11 doing a paper round, i left school at aged 15 and worked full time ever since, i have never ever been unemployed, i have never claimed any benefits and i have worked my way from the bottom hense the reason i am now a higher rate tax payer.

whats your problem? are you a high rate tax payer too? i understand there are loads of people who screw money from the tax but belive me im not one of them!! im happy to help towards the elderly and the poor by paying tax clearly you have an issue with it.

[MrShed]

PHM I take offence at your higher rate taxpayer comments, as it is irrelevant. Therefore, it comes across as bragging. That is MY only issue with it - especially as you make it sound as if you work/have worked harder than all the rest of us. Anyway, whinge over.

Did you give written notice?

[pleasehelpme]

Originally Posted by havinastella

PHM,

Sorry if I sounded harsh, I was just trying to clarify the post, it does not seem that I was that far wrong :P

Damn, If I was offered the £100,000 house for 26k, yes I would jump, getting it on a technicality for 6K, WHOOPPEE.

My question is, do you owe the £1500 and are you trying to get away with it saying you signed the agreement when you was only 16?

Jogs

x x x

noticed you edited your reply before i got a chance to reply,

I dont owe the money i left in jan, handed back the keys, got a letter of referal, changed the council tax and paid upto date. then 5 months later i get an eviction notice i call them to tell them i dont live there, i hear nothing until my other issue with the council.

the rent they chase me for is jan-june/july when i did not live there, im going round in circles i found this prove it letter i asked for a copy of a tenacy agreement it was signed aged 16. im not trying to get out of paying money i honestly dont owe anything, im getting nowhere with them so now im going down this route as i was only 16 when i signed.

i was just asking advice, i can easily pay it but why should i , im not owe it. I was just asking where i stood with it. if the advisors advise me to pay then i will afterall its my fault that i didnt have the recipet for handing in my keys. i was just after advice

[gizmo111]

I beleive that with a council tenancy before the age of 18, you actually get a licence agreement rather than a full tenancy agreement, which is then converted at age 18, provided you have kept to the terms of the licence.