Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Bailiffs and whether the debt follows to parental property

54 replies

Mydogisagentleman · 25/06/2024 06:40

My DD left a 3 year relationship when the bailiffs arrived at the rental property she shared with her partner.
She was a full time student and exempt from paying.
He disagreed with council tax and didn't pay, on top of that, he wrote a completely fictional person as the tenant.
There is no chance of reconciliation and he is moving back to live with his parents.
Is there a possibility that debt collectors could knock on their door?
DD was very fond of them and is considering telling them. He probably wouldn't.

OP posts:
fieldsofbutterflies · 25/06/2024 14:19

Comefromaway · 25/06/2024 14:11

It also appears that all of the local authorities I have looked up (about half a dozen so far) plus citizens advice plus the house of commons interpret this the same way and state the student is not liable to be pursued and only the non student(s) are liable

She has to write to the council and declare herself a student, though, you can't just never pay or have any involvement and then say "but I was a student".

If she never sent proof, she may find herself just as liable as her ex.

Comefromaway · 25/06/2024 14:32

Which is why in all my posts I say that as long as she has properly applied for the disregard. This usually involves downloading a letter from your uni website

Waspie · 25/06/2024 14:52

Apologies, I misread @Comefromaway. I thought you had said that if your name isn't on the bill you can't be held jointly and severally liable, I didn't see the part about student or SMI disregard. Obviously simply not having your name on the bill doesn't prevent the other party from being jointly and severally liable. My name is on my council tax (and all other utilities) bill but my partner is still jointly liable should I decide to skip town as he jointly owns the property.

If the student disregard covers in full the 3 years of the tenancy then OP's daughter should be okay. If there are gaps she is J&S for the periods the disregard doesn't cover but the council are more likely to try and get the full arrears from the ex-boyfriend..

Interested in this thread?

Then you might like threads about this subject:

Whothefuckdoesthat · 25/06/2024 16:49

But regardless of that they cannot take anything belonging to your parents. Debt collectors can only take property/goods etc belonging to the debtor eg, the person named on the court order

Which becomes a bit of a grey area when a debtor is registered as living in the same house as her family and the onus is on the family to prove that goods belong to them, and not the debtor. It is not down to the bailiffs to prove that things in the debtors home belong to the debtor before they can be taken.

Far better to do everything you can to keep them outside!

New posts on this thread. Refresh page
Swipe left for the next trending thread