Tenant not forwarding post.

[JohnJ80]

Hello,
I have had a previous tenant that failed to forward me post for a court summons for my unpaid rates. As I missed the summons I have been fined.
it was in the tenants agreement about forwarding mail onto myself.
I have spoken to them and they're denying they received post in my name.
Should I be able to take the previous tenant to small claims court for not forwarding me the post?
Just to note they have been our of the property for a few months now.

[KTC]

Whatever the agreement say, it's your job to make sure all the relevant bodies and organisations know your correct address.

[JohnJ80]

Thanks for your reply, so I may be out of luck?

[AndrewDod]

Thanks for your reply, so I may be out of luck?

Not really a matter of luck. But not a chance you will win this one.

[jpkeates]

You can tell the council you're a landlord and they'll use your address for bills when the property is empty.

You can't claim anything from the tenant, because you knew you owed the council tax whether or not you saw an invoice.

[JohnJ80]

Thanks for your response. Is this the case even if it’s stipulated in the Tenants Agreement?

[AndrewDod]

Thanks for your response. Is this the case even if it’s stipulated in the Tenants Agreement?

Probably. You can stipulate certain odd-jobs in a tenancy agreement, but are unlikely to have a successful complaint if they are not carried out to your satisfaction. Most terms in a tenancy agreement are not really taken very seriously (such as the requirement to pay rent ).

[AndrewDod]

To add: Even if the terms are taken seriously, in order to have a successful legal claim you would have to

a) have suffered a loss
b) prove that the tenant failed to fulfil the term of the agreement
c) show that the loss is down to the tenant and there is no other explanation

You fail on both b and c -- you cannot prove the tenant received the mail, nor can you prove they did not pass it on. And there is a clear other explanation (you failed to update a third party with your address for service, and failed to pay a bill you knew you would be liable to pay even if you did not receive it).

[JohnJ80]

Thanks for the reply.
it was the court summons I'm trying to base my case on not the rates letters they failed to forward which I couldn't attend that caused the fine, still no chance in my case?

[leaseholder64]

Do you really mean rates, or do you mean council tax. There is no sensible reason for the tenant's address to have been held against any business rates account.

[JohnJ80]

Yes I mean council tax. What are my odds after reading this thread...?

[AndrewDod]

I put a bet on a horse to come in at 25 to 1 – and it did!

[JohnJ80]

Slim then? aha

[AndrewDod]

Slim then? aha

It was actually a feeble joke (arrival time of horse 25 to 1).
The next sentence should have been (I guess) "Unfortunately all the others horses came in at 11.30."

But yes, slim indeed. The fact is that (unless you are doing something wildly innovative) you will be suing for a loss -- and all the things I said before apply.

[DPT57]

Tenants never forward mail and you have to visit frequently to collect it. It's one of the first laws of landlording