need some advice in relation to an old landlord

tbs624

jjlandlord wrote: »

I see that I'm not the only pedantic around.

Clearly not sufficently pedantic to fully qualify as a pedant

tbs624

OP - are you certain that the LL has owned the property for the full period for which he would like those rent payments?

Were Ts on individual tenancy agreements or were there a series of joint and several liability agreements?

Is the property a licensable HMO ( House in Mulitple Occupation) - you referred to a number of Ts coming and going over the years?

If the property should have been licensed and was not, LL can get slapped with a Rent Repayment Order. {edit - more info here]

LL may be up for some serious negotiation over backdated rent.

DVardysShadow

real1314 wrote: »

Ok, first off, if the arrears go back 5 years then none of it is currently statute barred.

Secondly (and this is without checking but...) my understanding is that statue barring applies if there has been no attempt to enforce the debt.
The LL has now made an attempt and has demanded payment.

I think that drops the statute barring. :cool:

The landlord has made a phone call. There has been no attempt to enforce the debt.

If the arrears go back 5 years, then you are correct that at this point it is not Statute Barred. However, it is not entirely clear how far back they really go, so it is worth making the point about Statute Barring anyway for when or if the OP finds out that arrears are alleged beyond 5 years. But overall your objection indicates you have not understood how statute barring can come into play in the present situation [clue: if time moves on it could become statute barred], nor how tactics can optimise the statute barring

DVardysShadow

jjlandlord wrote: »

@leeds damien:
It's nice to read that you do not intend to shy away from the debt. However your past actions suggest that this what you in effect did as you had ample opportunity to pay it off.
Acts speak louder than words.

Indeed actions speak louder than words. But the Landlord's inaction is far from silent.

real1314

DVardysShadow wrote: »

The landlord has made a phone call. There has been no attempt to enforce the debt.

If the arrears go back 5 years, then you are correct that at this point it is not Statute Barred. However, it is not entirely clear how far back they really go, so it is worth making the point about Statute Barring anyway for when or if the OP finds out that arrears are alleged beyond 5 years. But overall your objection indicates you have not understood how statute barring can come into play in the present situation [clue: if time moves on it could become statute barred], nor how tactics can optimise the statute barring

How would the OP paying 6 month's rent affect the issue of statute barring?

How would paying the rent at the same rate that the rent would have been paid affect it?

Can payments to a debt be allocated by the debtor to the most recent payments due?

I think you need to check these things out and enlighten me. :cool:

jjlandlord

DVardysShadow wrote: »

Indeed actions speak louder than words. But the Landlord's inaction is far from silent.

LL's inaction does not lessen OP's obligations... Which he failed to fulfil.
LL's inaction was to OP's benefit and is not a fault. OP's inaction was to LL's detriment and is a fault.

If OP does not pay up, is sued, he will loose. And rightly so.

leeds_damien

jjlandlord wrote: »

LL's inaction does not lessen OP's obligations... Which he failed to fulfil.
LL's inaction was to OP's benefit and is not a fault. OP's inaction was to LL's detriment and is a fault.

If OP does not pay up, is sued, he will loose. And rightly so.

You are very one sided here, if you where living in a house where evertime someone showered there was water flowing down the wall in the kitchen would you have been happy to pay. The same for a freezing winter with no central heaing is not acceptable. the relationship between us and the LL was always good he just became very inept at dealing with his existing properties. he had sold on the majority of his houses and kept about 20, for what ever reason he let ours run into a state of disrepair. I had to keep the relationship good and sent him weekly emails chasing the mentioned repairs. these never happened and LL was told by me that when they did i would pay up in full.

For everyone's info i have now arranged to see LL and work out a payment plan that will suit us both, he has said i will not be expected to pay full amount outstanding due to the works that where never completed. he know knows i will not be able to pay in full anytime soon and has admitted his and our failings led to this situation. but we should hopefully come to an agreement.

Thanks to all those who gave the advice i first asked for and did not judge my situation.

Loanranger

You used the rent money set aside to pay the mortgage???? Whose mortgage? Aren't you living in a house owned by the LL??

leeds_damien

Loanranger wrote: »

You used the rent money set aside to pay the mortgage???? Whose mortgage? Aren't you living in a house owned by the LL??

no, go back to the beginning of the thread all will become clear

Loanranger

Ooops, sorry.