I have a client who has been told she has £300 rent arrears, I requested a breakdown of her rent account and these arrears date back to 1997 - 1998 -1999. These are blips on the account which I am still checking out.
I have tried to find information on how long a LA have got to recover unpaid rent. These arrears have been carried over until very recently when they have taken direct payments to repay the balance.
I would be grateful if anyone could point me in the direction of the relevant caselaw.
Thanks.

Your post is not entirely clear in terms of whether the query is benefits related, or purely rent that is being sought from your client. Assuming that the query is benefits related, there are (basically) two possible answers:

1) If the LA has any HB claim on which no decision has been made, then the LA can be required to make a decision. However, it is unlikely (although not impossible) that the LA have simply failed to deal with an outstanding claim. It happens, but not often.

2) Backdating. Unfortunately, this route will be a legal impossiblity. There is an absolute 52 weeks limit for backdating and the 52 weeks runs only from the date on which the claim for backdating is made. Clearly, any b'date claim made now will be well outside 52 weeks for the periods you mention.

Hope the above helps.

Regards

You should also check the recovery action history as recovery of rent is limited to 6 years from the date that the right of action accrued, under The Limitation Act 1980.

I would be careful relying on the above, as even if the time limit is passed and the rent is not recoverable, eviction action can still be actioned.

Suzanne makes a good point. However, possession of a secure tenancy, for rent arrears, can only be granted if, at the date of the hearing, some rent is lawfully due.

If arrears are not recoverable due to the operation of The Limitation Act then those arrears are not lawfully due. It is likely then that this would provide a substantive defence against possession proceedings on this ground.

However, specific legal advice should be sought on this point.

Regards
Paul

A further thought, if the client is in the same tennancy, then I think that The Limitation Act wouldn't apply as the client would have been in communication with the creditor, therefore, the rent would be lawfully due. Or have I read this wrong?

Cheers
Suzanne.

Suzanne

This can get quite complicated and I am not sure that I understand it fully myself.

The principle is stated simply as the clock starts running from the date that the right of action first accrues. So, for example, in a recent case involving council tax it was determined that the six years began on the date that he was sent the bill.

In another case (details escape me) it was determined that the clock started running from the date that a tribunal or court finally decided the matter.

In cases of rent arrears recovery the six years would start from the date that the arrears first became due. So, potentially, there may be several rights of action for each payment of rent not paid. I think that’s right.

So it is important to check the recovery history because, as you say, the current action may be just a continuation of previous attempts and The Limitation Act may not operate to prevent recovery, either for part or all of the arrears.

Regards
Paul