Do these arrears count?

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    Do these arrears count?

    Problems with housing benefit over 6 years ago, meant tenants lived free for a year. Intending to serve S.8 soon (on other grounds as well), do these arrears count towards grounds of being over 2 months in arrears, or are they disregarded as they have been owed for so long.

    Thankyou

    #2
    Do the arrears date-back over six years ago? If so, they're statute-barred.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Thats what I thought, just wanted a second opinion. Thanks

      Comment


        #4
        You can count any money received as rental payments owed to the eldest rent payment due.

        Just because housing benefit paid for certain periods on their statements(I assume that's the problem) doesn't mean that the money received has to be allocated for that period on your rent statement.

        Look at what statements/letters you have issued to see if you have effectively given up in writing on that missed year.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by HeatherH View Post
          Thats what I thought, just wanted a second opinion. Thanks
          Er, why did you leave it so long? You could have tried to recover before the sixth anniversary.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Asking the question for my dad, as he's the landlord. I've no idea why he left it so long either.

            Thanks Thesaint, I'll see if he has any documentation giving up on the payments of that year. If the owed months can indeed be shifted, then that would be good news.

            Comment


              #7
              Also: if T acknowledges (pref. in writing) that those arrears exist, this restarts the 1980 Act time limit afresh as if the amount was newly-due.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

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