alleged rent arrears 10 years old

lowlowlola

:mad: my HA have just informed me that i have rent outstanding from 1998... i am sure this is their error but called my old bank (who i am no longer with) and they said that they would not have copies of statements from this date as they only keep them for six years ,,,,,and so i am well and truly up the pole .... any ideas where i stand,, if they claim i owe them and i can't prove i've paid what do i do? its a couple of hundred quid which is not then end of the world but its the principle!!!! i've been living in the property for over 12 years

any advice greatly appreciated

clutton_2

look up the statute of limitations - i dont believe you can be sued for money owed for more than 6 years....

lowlowlola

Many thanks.. have done a bit of research and it does indeed seem statute bared under section 19 of the limitations act

19.
Time limit for actions to recover rent.
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.


but will take some legal advice just incase...:T I LOVE THIS SITE

rogerdodger007

Instead of proving you have paid, can't you ask them to prove you haven't?
Sounds like they have lost the records.

2912pwil

Ask them (The HA) to prove they did the (? not sure what ??) - maintenance/re-painting/garss-cuttting - they were supposed to do all those years ago.. Bet they can't

clutton_2

""can't you ask them to prove you haven't?""

if they become too insistent - - they cannot just say "you owe us money" - they have to produce a rent schedule showing, what rent was due, how much was paid, and when, and where the missing payments are from (ie what dates payments you missed )

someone took me to court last year, to say i owed them money - the judge asked them to explain how much and why - and they did not respond with facts and figures so the judge threw it out without a hearing

dont worry