TV License - tenant got summons...

cojobt

Hi,

I'm a landlord and let my TV License lapse recently.

Unfortunately, an inspector visited the house and spoke to a tenant who said he didn't know anything about the TV license, admitted he lived in the house and gave the inspector his full name.

Also unfortunately, the tenant didn't tell me about this.

A few days ago the tenant received a summons re the license.

What's to be done?

Is there any way he can get out of a court appearance?

Can I contact An Post and get them to strike off the court appearance by paying up front now?

Or, when he goes to court, can he claim ignorance, or that he just moved in at the time (he had only just moved in to the house) or that he thought his careless landlord had it covered?

Any advice or wisdom here would be appreciated.

I'm not trying to get out of paying the license fee or even the fine.

hfallada

The user is responsible for the paying of the TV license. The tenant can blame you, but it was up to him to pay it

whomitconcerns

It's not your problem. I am a tenant and have always known it's my responsibility. So I don't see them pleading ignorance working. Onus 100% on occupier.

Ken.

Definitely the tenants responsibility. When I move from house to house the license comes with me, I don't leave it behind for the next person.

3DataModem

Does lease say anything about TV licence?

lollsangel

Why are you paying the tv license?

cojobt

I usually pay the licence because I never know how long the tenants are going to stay.

Does anyone know if there is any way a day in court can be avoided?

ABajaninCork

cojobt wrote: »

Does anyone know if there is any way a day in court can be avoided?

Tell the tenant to pay it. It's down to him in any case.

And in future - include a clause in the lease stating that the tenant is responsible for all utilities INCLUDING the TV licence!

Victor

cojobt wrote: »

I'm a landlord

It would seem you only have a responsibility if you are resident there. I assume the tenant has a TV.

Is there any way he can get out of a court appearance?

Are you sure it is a summons. They normally issue a load of correspondence first.

If there is a summons, he has to go to court. He can mitigate the situation by buying a licence now and letting the TV Licence section know, so they can brief their legal team. There is a risk of conviction. If this is a problem, getting a solicitor would be well advised.

whomitconcerns

cojobt wrote: »

I usually pay the licence because I never know how long the tenants are going to stay.

Does anyone know if there is any way a day in court can be avoided?

But that doesn't matter it's nothing to do with you. If you have 52 different tenants in a year they need 52 TV licences...

lollsangel

whomitconcerns wrote: »

But that doesn't matter it's nothing to do with you. If you have 52 different tenants in a year they need 52 TV licences...

Anyway if they move, thry can transfer their license.

bbari

I got court summons by registered post yesterday. The summons are on the name of previous tenants. Mrs did say to the postman that this family have moved out few months ago but postman being pushy, got her to sign the summons and left the summons. The second mistake she made - she opened the summons .
What can be done now ? Can we send the opened envelope back somewhere saying "not at this address" ?

whomitconcerns

bbari wrote: »

I got court summons by registered post yesterday. The summons are on the name of previous tenants. Mrs did say to the postman that this family have moved out few months ago but postman being pushy, got her to sign the summons and left the summons. The second mistake she made - she opened the summons .
What can be done now ? Can we send the opened envelope back somewhere saying "not at this address" ?

its not for you nor do you know the person...why would you sign for it...and moreso why would you open it...anyway send it back see what happens!

bbari

whomitconcerns wrote: »

its not for you nor do you know the person...why would you sign for it...and moreso why would you open it...anyway send it back see what happens!

Thank you for your reply.
I agree that she shouldn't have signed for it but as i said the postman was pushy and kept asking to sign for it and then to make it worse she opened it! all our own fault.
Send it back to the District Court ?

whomitconcerns

i would have said ignore it...but I am not sure what sort of liability she has created by signing for it..if any...and on who it would be...

Issue with sending it back is its open ( I am sure thats not that important to them) but it is 'illegal' to open someone elses post.

I would just re seal it and drop it into local police station and let them deal with it. If its not in your name you arent going to court anyway so let them sort it.

bbari

whomitconcerns wrote: »

i would have said ignore it...but I am not sure what sort of liability she has created by signing for it..if any...and on who it would be...

Issue with sending it back is its open ( I am sure thats not that important to them) but it is 'illegal' to open someone elses post.

I would just re seal it and drop it into local police station and let them deal with it. If its not in your name you arent going to court anyway so let them sort it.

OK - Thank you.

Fred Swanson

This post has been deleted.

ABajaninCork

Fred Swanson wrote: »

This post has been deleted.

I was amazed to read that too! Postie tried to deliver a recorded delivery letter for the landlord. As soon as I told him the LL didn't live there, he turned round and left. AFAIK, the postie should NEVER deliver recorded/registered letter if there's no-one to sign for them. All they do is leave a card saying to collect at the main sorting office.

I'm not sure I believe that, TBH...

bbari

Well, he was told that this person who the envelope is addressed to doesn't live here anymore but he said you can sign and forward this on! Probably he knew that its to do with licence and he thought we are trying to get away by not signing for it. Thats ok if you don't like to believe, I was just looking for a bit of advice what do from here on.

ABajaninCork

I'd send the summons back to the TV licence people and mark the envelope 'Not at this address' or similar. That's it.

uck51js9zml2yt

Just on a side note.
Friends hot a letter a few weeks ago over having no license. It gave them so many days to buy one and notify the tv licence office, otherwise they would be summonsed and liable to a fine.

I bought it for them online, made the call and gave the reference number. They heard no more about it.

Sleeper12

Landlords should not pay for TV licence, water rates, refuse collection etc. This is the responsibility of the Tennant.

Also estate agents will ask landlords not to provide any TV sets. If the landlord insists on providing a TV they are forcing the Tennant to pay for the license. A lot of younger Tennants watch their "TV programs" online on a pc. At present they don't need a licence for this.

shroom007

go to their offices on O'Connell st beside Kylemore cafe with the new licence and explain what happened the can sort it out apparently

Pappacharlie

As a former TV Licence Inspector let me clarify the legal situation re Court appearance and summonses.

1. The TV Licence inspector has to visit the address.
2. He/She has to speak to an individual at the address.
3. It does not have to be the house owner.
4. Interviewee must be over 18.
5. TV has to be seen or interviewee has to admit that a TV is on the premises.
6. Summons will issue to the person who is spoken to.

An Post does not want to prosecute evaders because it costs more than the cost of the licence sale is worth. Even if the summons is issued contact the TV licence section (in Writing) and quote the licence number. Normally the summons will be struck out.

bbari

ABajaninCork wrote: »

I'd send the summons back to the TV licence people and mark the envelope 'Not at this address' or similar. That's it.

As advised, I sent it back to the TV licence guys with a note "not at this address and signed without looking at the addressee". They sent it back to me yesterday with a letter saying "Summons are legally served, appear in court explaining the circumstances"

jh79

bbari wrote: »

As advised, I sent it back to the TV licence guys with a note "not at this address and signed without looking at the addressee". They sent it back to me yesterday with a letter saying "Summons are legally served, appear in court explaining the circumstances"

Did you not transfer your licence from your previous address?

bbari

jh79 wrote: »

Did you not transfer your licence from your previous address?

I didn't have a licence.

jh79

I got a summons years ago, I paid for the licence and a small admin fee and was told to ignore the summons.

bbari

jh79 wrote: »

I got a summons years ago, I paid for the licence and a small admin fee and was told to ignore the summons.

Thank. Do you remember if the licence issued from the date you paid for it or from the date when the inspector visited you ? How much was the admin fee ?

jh79

bbari wrote: »

Thank. Do you remember if the licence issued from the date you paid for it or from the date when the inspector visited you ? How much was the admin fee ?

The licence will be back dated to when you moved into the house I would imagine or when the previous tenants licence expired assuming they didn't bother to transfer it when they moved. You could end up having to buy another one pretty soon.

Might not be an admin fee anymore , this happened to me over 10 years ago don't think online payment was available then.

paul71

bbari wrote: »

As advised, I sent it back to the TV licence guys with a note "not at this address and signed without looking at the addressee". They sent it back to me yesterday with a letter saying "Summons are legally served, appear in court explaining the circumstances"

Summons are legally served on whom, there must be a name on the summons.

Blanchguy

Something very similar happened to a friend. Tenant gave name to licence inspector, after they left a summons arrived. Returned "not know at this address". A few months later the guards arrived to arrest the tenant...

hullaballoo

This is one of those arguments that goes around in circles because it might be up for challenge whether naming an individual as "the occupier" of xyz is enough to proceed but the reality is, who's going to fund that challenge?

Fred Swanson

This post has been deleted.

goz83

I would send in one of the cats....the occupier mostly at home.

Firblog

Pappacharlie wrote: »

As a former TV Licence Inspector let me clarify the legal situation re Court appearance and summonses.


5. TV has to be seen or interviewee has to admit that a TV is on the premises.

Does Satellite dish count?

12 element

Firblog wrote: »

Does Satellite dish count?

Is a Satellite dish a Television?

Firblog

12 element wrote: »

Is a Satellite dish a Television?

Perhaps a quick search on google would answer that question for you.

12 element

Firblog wrote: »

Perhaps a quick search on google would answer that question for you.

You clearly don't know anyway!

Firblog

Indeed I do.

bbari

paul71 wrote: »

Summons are legally served on whom, there must be a name on the summons.

Summons legally served on the name of the guy who used to live here but not living here anymore. I will purchase the licence when I'll get paid next week but it will be on my name.

My problem is that we signed for the summons without looking at the addresses.

Fred Swanson

This post has been deleted.

bbari

Fred Swanson wrote: »

This post has been deleted.

This is what I'm hoping but I am afraid of cops knocking at the door with arrest warrant in their hand and then having to explain the whole situation again to them!

Fred Swanson

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slimjimmc

Afaik a summons can be deemed served on a person when it is delivered to their last known address or to certain relatives e.g parents, siblings, etc. so the summons could indeed be legally served. The summons is for the person named so I can't see how you would be required to attend court but if in doubt you should get proper legal advice.

bbari

Fred Swanson wrote: »

This post has been deleted.

Thanks man, this is what i thought, but looking at response #32 ...

"Something very similar happened to a friend. Tenant gave name to licence inspector, after they left a summons arrived. Returned "not know at this address". A few months later the guards arrived to arrest the tenant..."

bbari

slimjimmc wrote: »

Afaik a summons can be deemed served on a person when it is delivered to their last known address or to certain relatives e.g parents, siblings, etc. so the summons could indeed be legally served. The summons is for the person named so I can't see how you would be required to attend court but if in doubt you should get proper legal advice.

"Legal advice" costs which I'm trying to avoid! Only thing done wrong on my part is that we signed for it without looking at the addressee and when sent back to the licence guys they returned it back to us asking US to appear in the court to explain... Grrrr

Fred Swanson

This post has been deleted.

jh79

bbari wrote: »

"Legal advice" costs which I'm trying to avoid! Only thing done wrong on my part is that we signed for it without looking at the addressee and when sent back to the licence guys they returned it back to us asking US to appear in the court to explain... Grrrr

The licence is linked to the address more so than the name, once a licence exists for the adress on the summons it will then go away. When you buy the licence ring them and they will cancel the summons, that's what I did.

bbari

jh79 wrote: »

The licence is linked to the address more so than the name, once a licence exists for the adress on the summons it will then go away. When you buy the licence ring them and they will cancel the summons, that's what I did.

This is what I offered. Told them that the guy who u sent summons doesn't live there anymore but I will get the licence myself but she asked me to pay for the "loss of revenue" i.e. buy two years licence! I thought it was bizarre as I'm trying to "co-operate" and they are taking advantage of that!

paul71

bbari wrote: »

Summons legally served on the name of the guy who used to live here but not living here anymore. I will purchase the licence when I'll get paid next week but it will be on my name.

My problem is that we signed for the summons without looking at the addresses.

So end of problem, judge calls name of person on summons you stand up but you are not the person summoned, Judge tells you to go away and issues an arrest warrant for person named on summons or strikes the matter out.