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Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 21st August 2008, 23:57   #1 (permalink)
Markwill
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Question missed rent payment 10 years ago!!

Hi, I am after some help if anyone can help... My Step-Dad was renting a workshop/Garage from someone for approx 10 years, paying £1,000 per month. When he began the Tenancy he was instructed to pay 3 months rent in advance, which he did.
Approx 6 months ago he eventually bought the Garage from this person and another partner. Since he bought the place he has been hit for a bill for thousands of pounds in unpaid rent. The Landlord insisted that he never paid the 3 months in advance when he took on the tenancy, and has now taken my Dad to court to recover payment.
He has cheque stubs or proof to prove he has paid and submitted these to their solicitor prior to the court hearing. The Landlord realises the mistake and agrees that it was paid at the time. However, the Landlord is now insisting that my Dad did not pay the months rent that was due after paying the 3months in advance...
My Dad insists that this payment was also made. What i would like to know is, can the Lanlord be allowed to change dates from the origional demand willy nilly.. and even if my dad did owe this missed payment, could he still have to pay it after 10 years, with no reminders of the rent being in arrears at that date.
Its confusing i know, my dad is old school and they think they can screw him for a bit more money.
Anyones help on this matter would be appreciated.
Thanks Mark will
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Old 22nd August 2008, 01:23   #2 (permalink)
TheChancellor
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Default Re: missed rent payment 10 years ago!!

I would have thought they were whistling in the wind.
Did his solicitor not say it was out of time & statute barred?

Doesn't seem reasonable for anyone to have to provide receipts for payment that far back.
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Old 22nd August 2008, 08:14   #3 (permalink)
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Default Re: missed rent payment 10 years ago!!

He is having a laugh. Your dad is protected by Statute of Limitations - they can only claim a debt up to 6 years old.
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Old 22nd August 2008, 10:30   #4 (permalink)
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Default Re: missed rent payment 10 years ago!!

Quite right. Quote Section 19 of the Limitation Act 1980 which provides:

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
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Old 22nd August 2008, 11:08   #5 (permalink)
Markwill
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Default Re: missed rent payment 10 years ago!!

Wow, i thought about the six year limit, but for you guys to confirm and for an act to have been made against this is great news, thanks for your time and great help.
Regards markwill
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