Payment to Landlord when 8 weeks arrears

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  • #39581
    Anonymous
    Guest

    Can anyone help clarify the position where, in a new claim, the new landlord finds out and flags up to the LA that her new tenant left his previous accommodation in another part of the country with arrears considerably more than 8 weeks rent remaining outstanding?

    Do rent arrears at a previous address count in determining the level of arrears at a new address for the purposes of the 8 week rule?

    Has there been any caselaw on this?

    #112615
    Andy Thurman
    Keymaster

    I’d circumnavigate that one & simply pay landlord as it will “assist” with “retaining” the tenancy!

    #112617
    Kevin D
    Participant

    I chuckled at Andy’s suggestion :). On the specific issue of HBR 95(1)(b), my view is that the 8 weeks arrears must be in relation to the CURRENT landlord. The wording is “…arrears of an amount equivalent to 8 weeks or more of the amount he is liable to pay [b]his landlord[/b] as rent” (my emphasis). The reference to “his landlord” does appear to mean the context is in relation to the landlord at issue for the instant award, not a former landlord.

    #112630
    Anonymous
    Guest

    Thanks for the responses.Both helpful.

    Kevin,with regard to Reg 95.1. I am intrigued by their use of the word ‘includes’ in the qualification in brackets at the end of the paragraph.To me the word include always suggested ‘along with…’ and is not exclusive.Any thoughts? Why have they used ‘includes’ and not ‘is’?

    #112682
    Anonymous
    Guest

    I think the intention is bring managing agents into the scope of the Reg – the person to whom rent is handed over is not actually the landlord, but they are treated as the landlord for HB purposes.

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