8 weeks arrears – please help

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  • #34413
    lesleyb
    Participant

    Apolgies for raising this again, but I need something clarified.

    Claim form from clmt & safeguard received from L/L requesting direct payments due to 8 wks arrears. This is the 3rd flat in a row this landlord has rented to this particular tenant and the arrears are from his previous two flats and not from the current tenancy.

    My question is: Is it only arrears from the current tenancy that should be considered when looking at request for direct payments of this type or should all arrears be taken into account? Additionally, the landlord has taken no action and just seems to move him to another of his flats.

    thanks
    _________________
    Lesley Bennett

    #96746
    Anonymous
    Guest

    From the way reg 95 is worded I would say that payment to the landlord is appropriate:

    ” … the person is in arrears of an amount equivalent to 8 weeks or more of the amount he is liable to pay his landlord as rent … ”

    Although it’s different properties, it’s the same landlord and the tenant is in arrears of an amount which he is liable to pay that landlord as rent. Quite why the landlord would want to keep such a bad payer on as a tenant is another question …

    #96747
    lesleyb
    Participant

    thanks for your advice

    #96748
    Anselmo
    Participant

    If the first two rent liabilities no longer exist, can they really be “rent arrears”? Or are they simply debts that are owed? 😕

    I don’t honestly know, but once upon a time, when I worked at a Housing Association we did something similar, re-housing someone who owed us money (I know, don’t ask), and ended up going to court to seek possession of the second property. The judge told us in no uncertain terms that monies owed in respect of a previous tenancy were of no relevance whatsoever.

    Not an exact parallel I suppose, but possibly an indication.

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