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View Full Version : Lazy L has not collected rent arrears for > 3yrs.



Evergreen
05-02-2010, 22:47 PM
hi there

i have a friend i would like to help out

he has been there for years, and hasnt paid his rent for 3 years!

he hasnt done anything as he doesnt know the tenancy law

would an s8 be suitable here?

the contract wasnt done correctly, doesnt have the right flat number ie. it has the following:

one flat (it's actually flat 4)
address

it has a start date and weekly rent too

my friend also owes him damages as the tenant claimed for disrepair, 4k, plus legal fees of 5k via legal aid!

so there's 9k owed here

the rent owed to my friend (12k) is more than this tho

it's a little complex - what can be done in this case? can he claim for the owed rent to clear the debt owed?

the tenants legal team are experts in tenancy law and have a good reputation for fighting the tenants corner

i'm trying to help my friend, he's a good guy, please help!

Preston
06-02-2010, 09:58 AM
Hi

The short answer is that yes of course he can sue for any money owed to him.

It might be worth giving a little more detail about the tenancy. Is it an assured shorthold? Has any fixed period ended? How much is the weekly rent?

Some other things to check are has your friend issued a rent book (a legal requirement for a weekly tenancy) and an address for service of notices (section 48 Landlord and Tenant Act 1987)? Both of these are easily rectified, but if he has not done one or the other then no rent is due until they are sorted out.

Finally, has he had any legal advice himself?

Evergreen
07-02-2010, 21:08 PM
thanks preston

its an AST yes, only one page tho! it is a weekly contract and doesnt have an end date! does this mean it's a perdiodic contract?

it's only the first page he has, he cant remember about any other pages - would this lack of detail in the cotract prove to be a problem?

no rent book is being kept - can one be back dated with the correct info? does the tenant have to sign the rent book by the way?

no my friend hasnt had any advice, is it worth him getting some? or is it a straight forward s8 in this case?

for the address, he just needs to write to him right?

thanks again

jeffrey
08-02-2010, 12:16 PM
1. L can sue but only for a maximum of six years arrears.
2. Rent Books are needed only if the rent is reserved weekly.
3. L needs to give T an E&W address [s.48 of LTA 1987] in writing.
4. How come L is so clueless, by the way?