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Tenant's debts has now come to a debt collector

Started by Cork, January 20, 2021, 11:30:00 PM

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Cork

The wife of my tenant left the husband in July2020 but he remained in the property with a new contract. Unfortunately, the wife left the previous electricity bill unpaid before she left hence my tenant (the husband) was left with debts.  And it has now reached the point where the debt collectors were called to sort things out.
At the start of this year the debt collectors wrote to me a letter ( as the owner of the property ) to pay the bills. I informed them that the tenant (the husband ) who  still lives in the property should pay the bills and not me.  I have been in contact with my tenant that he should be dealing with the unpaid bills and he said that he had since spoken to the electric company and has started to pay the bills with them by direct debit. Unfortunately this debt collectors has been harassing me with many emails, phone calls and letters.

My questions are:  1. The debt collectors have been asking me for a copy of the new contract of my tenant as he signed a new one when the wife left the property. Do these people have the right to ask me for a copy of his new contract? I told them that I have no right to provide that to them due to Data Protection.

2. I texted my tenant that he should contact the debt collectors directly as I have not even given them his details so he should sort things out with them ASAP.  I have given him the details of the debt collectors. Did I do the right thing?

Many thanks

Hippogriff

The debt of a Tenant doesn't automatically, magically pass onto their Landlord. Now, I don't know if the Debt Collection company has any right per se to see the AST you've signed... but surely you could share with them a clause or two, or a redacted version, to get them off your back once and for all? What I'm thinking is the clause we'd nearly all have in there that makes it clear the Tenant is responsible for things like Council Tax and utilities? I believe you have done the right thing in asking the Tenant to resolve because a) it is their debt (certainly not yours) and b) wouldn't the Tenant already be aware... the Debt Collection company must have started with that address before they, somehow, got hold of you?

Feels like a bit of common sense could do with being introduced here... the Debt Collection company just needs to realise there's no way you'll be paying off someone else's debt (and I don't see that they need the AST for that aspect) and they should stop chasing (you). Unless they're on some kind of payment escalator for each discrete 'chase' action they take..? I don't know... seems like a murky world, but the simple fact is your Tenant (current or ex) must pay for what they consume. You have not specified any amount... but hopefully it is not too sizeable to handle quickly, in preference to any other bills or debts.