Offered home but landlord claims arrears from over 6 years ago!

[stuggling]

After 12 years we have finally been offered a Housing Association house,

 

today we were told the landlord is claiming arrears but they date back over 6 years!!! We have not been in arrears in the last 6 years though. 

 

We are in need of moving as alot of work is needed on house,

no gas safety certificate,

electrics need updating,

the gas meter was deemed to need bonding (not sure what that means)

the windows are not double glazed and are old rotten wood so can feel the slightest breeze. 

 

Our local council is aware of it all of this but due to back log in work for them we have nothing .

 

 

I'm unsure what to do 

[dx100uk]

Bit confused here .

 

Your old landlord is the council? And they are claiming you owe a rent arrears debt from more than 6yrs ago?

 

Or is this the ha you are moving too now, that claims an old rent debt to them?

 

Council rent arrears I don't think can become statute barred, but you can contest it's validity you owe them it by an SAR 

 

Dx

[stuggling]

Sorry no it's my current landlord private, who is claiming rent from over 6 years ago.

 

For this reason the council are not allowing us to rent the house we need off them 

[dx100uk]

private rent arrears do come under the statute barred rules yes.

 

dx

 

[unclebulgaria67]

When you say private landlord is claiming rent arrears from you, what do you mean by claiming ?

 

Do they have Court judgement ? Or have they issued recent Court claim ?

 

Go back to Council and challenge them.  Many people needing social housing will have previous debts owed. Show them you have reliably paid rent for the last 6 years.

 

In these cases can be worth contacting nearest Citizens Advice as they will have direct contact with people senior in the Council.

[stuggling]

No claim through courts,

 

but because we want to move now they claim arrears,

 

the house we have gone for is not council, it's with jigsaw housing and they have made it clear that with any rent arrears - we will be refused. 

 

I'm devastated as we been waiting for over 8 years to move  

[unclebulgaria67]

You need to complain about this, and your local Citizens Advice can help with this.  

 

and contact your local Councillor and ask for their help with this.

 

What you should not do, is just accept what they have said.  As they may have told you something that is not correct.

[dx100uk]

who says you legally have rent arrears, some landlord that has no records and the debt is over 6yrs old anyway? so does not exist under the limitations act.

 

put the landlord claiming these arrears to strict legal proof to back up his arrears claim, send them an sar.

 

dx

 

 

 

[Andyorch]

Playing devils advocate here but do you admit to owing rent arrears from over 6 years old ? Did he not insist on a bond initially ? Its irrelevant really if you do and you should inform Jigsaw housing that they cannot not impose this in their decision as any alleged debt will be now be subject to the Statute of Limitations Act 1980.

 

Andy

[brassnecked]

If you definitely don't owe and as per Andyorch indicate to Jigsaw Housing that the Statute of Limitations Act 1980 undermines their decision and they should reconsider it.

[stuggling]

Thanks guys, we don't owe anything, it's been fully paid, lucky enough we get uc top up and we get it paid to landlord. 

 

When we moved in rent was 126pw but we got a statement in 2019 and he claims rent was 126.97pw! The original tenancy shows otherwise. 

 

I'm trying to get of hold of citizen advice no luck at moment but I'm going to keep trying thank you 

 

No luck with citizen advice will be trying again today, was calling most of yesterday but it just kept dialling out and no luck with online chat. 

 

I've been told I've got till Monday to sort then they offer the house to someone else 

 

I've offered my statements to show the last 2 years rent being paid to landlord but they want 6 years?  

 

I'm at a loss now, I'm devastated, we have to continue to live in this house,

 

it's to small for us and needs alot if work doing to it even have an environment health report showing this 

[unclebulgaria67]

You have to think why are they doing this ?

 

Have they found an historic issue, so they can offer the housing to someone else further down the priority list ?

 

Sounds like a game is being played, so make a formal complaint.

 

 

[stuggling]

They just say it's their policy no rent arrears over the last 6 years and a landlord reference is a must. Without these we lose the house!

 

I can't believe they would do this, showing them all the payments for the last 2 to 3 years and the issues and still it's like the going in favour with our landlord. 

 

I'll be doing a complaint if we get refused, as most people are struggling especially at the moment it's going to get alot harder.

 

We have been informed as well if we get refused for the house, it moves our banding from priority to lower due to their refusal to house us!  

 

We have no criminal records,

we both work full time, even the children have part time jobs,

we volunteer for a local charity in our little spare time,

 

we are trying our best but it just feels like it's never going to happen. 

 

Sent all statements over as its universal credit, they just clicked on the 1st one and now asking for landlord details. 

 

I've no issue with this, but they say no reference from them, they can't continue, think a complaint is in order. 

 

 

[brassnecked]

 if you miss thus house has your existing Landlord been given Notice or has LL asked for property back yet?  Definitely a complaint as it appears the goalposts are moving,

[stuggling]

No landlord has not issued notice or anything as he will continue to get rent of us. 

 

I'm on to shelter now to see what they can do 

 

[stuggling]

So we won't know if we going to be knocked back as the person dealing with it all is away till next Friday ,in that time I can not bid on other houses that may become available!!

 

 

[stuggling]

And to top it off just get a notice to say landlord increasing rent!! Chances of that here 12 years and never had a rent increase and when he finds out we want to move he increases rent!! 

[stuggling]

So just to update, we got the house we get keys Friday moving in over weekend. 

 

Landlord of current house claims 4000 in arrears and still not statements to show this, (after asking repeatedly) we have no tenancy only the one signed with an agency that closed down and landlord said would do new one and never has, we are not providing them with our new address. 

 

 

[unclebulgaria67]

Always best to provide new address. Then there can be no excuse for a person owed money to use last known address to get a CCJ and then send bailiffs (enforcement agents) out to see you to recover the debt.

 

If you provide your new address then at least you would have chance to defend any Court claim.

 

Also make sure you have Royal Mail re-direct any post to your new address for a decent period. This will hopefully stop potential issue of someone at the old address using your personal mail for improper purposes. E.g.  identity fraud.

[brassnecked]

Glad they saw sense and gave you the house, if old LL doi try to sue for alleged arrears he would havbe to prove them, might not be easy, also make sure LL knows new address, Royal Mail don't usually redirect Court Documents as some Cagger's have found out when a bailiff appears at the door.

[stuggling]

Keys going back this week to them and will provide new address! Thank you so much! 

[brassnecked]

Keep in touch with CAG, your experiences might help someone else on here and you could help them also.  CAG is also self help so lived experience shared is extremely valuable dealing with many situations.

Glad its sorted out well for you.