Does anyone know if the council can start recovering rent arrears going back 4 years? The client did agree a repayment schedule 4 years ago but due to mental health problems stopped paying....the council have now just realised this and watt to start recovery....is there any case law to support writing off such arrears? or is there a time limit argument one can use?

slam

Hi,

In respect of time limits to pursue debt. Are you thinking of the Limitations Act? Normally a debt arising out of a contract is a debt that can be recovered for 6 years. The circumstance of rent is somewhat different. There is an on-going contract week on week or month on month as to rental liability. The time limit you may be thinking about I do not believe would be applicable as there is the on-going tenacy. If a situation where the tenant has ended I have successfully argued that the six years run from the recovery of possession of the property at the end of the tenacy.

As for the threat of legal action for arrears. You may want to consider the case of North Devon Homes - V - Brazier. Under the Disability Discrimination Act it is unlawful to evict a person if the reason for the eviction relates to a disability.

If your client has long term enduring mental health issues and falls under the scope of the Mental Health Act you may want to consider putting the matter under the official Solicitor. Alternatively if the client is in receipt of Income Support get direct payments set up at £2.75pw to clear the arrears. I can see valid reason for the arrears not to be collectable.

Cheers


Brian.

It appears to me