Landlord requesting payments

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  • #39333
    rds01
    Participant

    We have a claim where we paid LL direct, after 2 payments CL requested payemnts and we made a payment to the CL. LL states that he is not happy about this as CL is in arrears of more than 8 weeks (proof supplied) and is requesting payments to him again. CL states he is not paying rent and still wants payments as he has no hot water or heating. The claim is suspended. The CL states the LL has done nothing, yet the LL states he has instructed his electrician to look into it and that the CL has “no issues with the hot water and heating”?? What should we do? If we pay the CL he’ll probably do a runner so I’m inclined to pay the LL. Does anyone else agree? Thanks.

    #111794
    Kevin D
    Participant

    Does CH/3244/2007 assist? CH/1923/2009 may also be of interest.

    Bear in mind that once there are 8 weeks arrears, it is for the claimant to demonstrate that it is in the claimant’s overriding interests for payment not to be made to the LL. If the claimant is unable to do that, payment must be made to the LL.

    One option is to make a decision to pay the LL BUT suspend actual payment to give the clmt a chance to appeal. If the clmt doesn’t appeal within the initial one month window, I’d release the payment to the LL. If an appeal is made, I’d maintain the suspension in place but ask TTS to arrange an urgent hearing.

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