Thursday, 24 May 2012

eligibility for rent arrears

Posted in: Need to Know | Ask the Experts

2002, arrears, benefits, council, eligability, Housing, hugh bailey, project, rent, york

04/05/2010 2:45 pm

james egan

james egan

Posts: 1

hi!
i am currently going through a notice to quit off my landlord i have been to my council to present myself,my partner and my son as homeless. When i did this the council decided to forward rent arrears to me for the total of £2,500 from when i was 17yrs of age(i am now25yrs)
when i was 17 the council put me into a project for under 19yr olds as i was homless i was in the project from 1st april 2002 to 1st september 2002.
and the council are saying they are not going to house me because of this.
so basicly i need help from anyone possible PLEASE as i dont think i am eligible for this arrear.
i thankyou in advance for reading this and look forward to hearing from anyone able to help me with this.

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Tumultuous Lurker

Tumultuous Lurker

Posts: 73

05/05/2010 9:55 am

It is very important that you face-up to this and resolve it one way or another. It will not go away, and will come back to haunt you for ever.

I would advise that you re-visit the office and ask for a detailed breakdown of the debt and how it arose. Do you recall how you thought the rent was being paid for the 6 months you were in the project ? Did you receive any form of cheque during that period, which may have been intended for rent ?

It is possible that they only needed some documentation from you at the time, which was never produced - it may not be too late to produce it now. If they prove that the debt is justified, ask them if you can come to an arrangement to pay it off in instalments.

TL

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Harry Lime

Harry Lime

Posts: 164

05/05/2010 11:20 am

I would follow TL's advice and request as much documentation as possible, quite often, certainly for so long ago their proof on this matter might not be very strong, and open to challenge. Equally if you did "trouser" any HB or similar that came your way you need to put your hands up. However, if you start making repayments (DSS levels are £2.80 approx a week) then making these payments should remove the barrier to you making an application, but it isn't guaranteed. Best thing to do is get to the local law centre or CAB and explain your case.

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James Graham

James Graham

Posts: 4

05/05/2010 11:25 am

It sounds to me like the debt should be statute barred. Speak to an independent advocate, CAB etc.

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Harry Lime

Harry Lime

Posts: 164

05/05/2010 11:54 am

I'd say you're right James, it probably is statute barred, being more than 7 years, but the issue is it bars him from making an application, in the same way if he owed Nat West £2500 form 8 years ago he might not have to pay, but his credit history would mean he'd be unlikely to get any type of credit until it was paid. If he can obtain private rented housing, via LHA then he probably can't be pursued for the outstanding funds, if he wants to get RSL accommodation through the council, he probably will have to pay, or resolve any issues if not liable.

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James Graham

James Graham

Posts: 4

05/05/2010 12:06 pm

Not sure the circumstances are the same, but if you look at Jospeh v Newham 2009 a similar policy was held to be unlawful.
It seems unfair to dredge up a debt racked up by a then child from 8 years ago, where it is highly unlikely that HB will pay. Too many housing organisations rely on this rather than making an effort to collect debts. Thats only my opinion, the caselaw is more persuasive.

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Tilly Ashton

Tilly Ashton

Posts: 3

05/05/2010 3:39 pm

I agree, this should be statute barred under s.19 Limitations Act 1980 - so long as you haven't admitted liability for it or communicated with them over the past 6 years about the debt.

S.19 says:

Time limit for actions to recover rent. No action shall be brought, or distress made, to recover arrears of rent, or damages in respect of arrears of rent, after the expiration of six years from the date on which the arrears became due.

I also know there were some 'distress for rent' rules published in 2009 and there is various legislation about pressurising people for money that they supposidly owe...but I'm no expert. It would definitely be worth while speaking to the CAB

Hope this helps,

Tilly

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John Irving

John Irving

Posts: 8

08/10/2010 4:39 pm

your former rent arrears have no bearing on your current homelssness situation. They will have to provide you with temporary accommodation if you have a priority need (eg dependant child) They may have a policy that prevents you been offered accommodation from the housing register, section 6 of the housing act.  But if your homelssness is not intentional and you are accepted that have to discharge there duty by arranging accommodation for you. Good luck.  

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Anonymous

Anonymous

08/10/2010 6:11 pm

I think you should go, as previous posters have suggested to CAB or a legal advice centre. If you can get to Shelter they are good also. So you should be able to get someone to act for you to challenge this decision.

You have several things going in your favour for the appeal/challenge: ie you were 17 at the time so still legally a minor. A good legal advocate could argue that in mitigation in addition to your other difficult circumstances at the time.

Also, can you show that in the intervening years you are 'responsible' eg can you show that you can hold down a tenancy, a job, finish a course of training or study, pay bills or the like?

CAB or Shelter should help you put a 'case' or an appeal to the Council together. It can be difficult to contact them and get an appointment but be persistent!  

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Junior

Junior

Posts: 649

08/10/2010 6:53 pm

Yes, Excellent advise you are received and Shelter is a freephone number you may have to wait a length of time but a very good organsation

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