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Former tenant rent arrears
I am working with a client who has applied for local council housing but has been told he wont be accepted until he has made at least 17 repayments of £3.30 per week towards former tenancy rent arrears of £1928.21 which occurred over 18 years ago! During this time neither the council or client have made any contact. Client was told arrears were picked up when paper records were transferred to computer when some of their tenant arrears were recorded whilst others were not, indicating an inconsistency. Does anyone know if these arrears can legally be pursued under statute barred or any other legality?
I’d want to check there is no court order in place. If not, R (Joseph) v Newham LBC [2009] EWHC 2983 (Admin) is the current case law, I think. Comment at http://www.gardencourtchambers.co.uk/imageUpload/File/HousingMay10.pdf
There the court declared:
“It is unlawful for Newham to apply its property-related debt policy when operating its choice-based housing allocation scheme to debts created by the requirement to repay overpaid housing benefit where those debts are irrecoverable by virtue of section 9 of the Limitation Act 1980 ...”
The implications for recovery of DWP benefits from ongoing awards seem interesting, I expect the above decision may not go unchallenged.
Well you are asking a number of different quesrtions. Can the council legally pursue the debt through the courts? I would say no…
Can the council ask him to pay back a former tenannt debt? I would say yes….
Can the council bar your client off the housing list? The relevant legislation is the Homelessness Act 2002. The coucil has to show that the previous behaviour (non payment of rent) would be such that they would have breen granted a possessiuon order in court (which they probabbly could) but then they need to show that the previous bahavior was still relevant now (which given the 18 year gap they would not).
If as it might appear that the council has developed a policy of refusing anyone with a former tenannt debt entry onto their list (just float that one as it appears a bit strange) then that would probabbly breach of wednesbury priniples, in that it is blanket ban.