How long am I still liable to pay rent

horselover100

I rented a house and signed a 3 year rental agreement. The landlord spent many years overseas and I went into arears. The rent was not collected by him for many years.

The landlord now wants to collect all those back rents in one go, after about 10 years of me not hearing anything from him.

I wondered if there is a rule on how long a landlord could do this.

In all that time he never once asked for his rent now he wants  to collect it in one go which would leave me in serious debt.

penners324

He's perfectly entitled to be requesting that you pay him what you owe.
You need to work out how much you can afford to pay him and start immediately.

Owleyes00

Did you completely stop paying because you hadn’t heard from him? Or have you just missed the odd payment?

Ultimately it doesn’t really matter the landlord is entitled to claim the rent that you owe him. The fact you haven’t heard from him for years doesn’t matter - you live in his property and you owe him money for living there. He could take you to court if you don’t make arrangements to repay for which you may also be liable for the legal fees so you should really start thinking about making good this money.

RAS

This may be more complicated than suggested above. 

Morally, you owe the landlord the rent for your occupation. But if they wanted to chase you for the arrears, they probably should have commenced enforcement action within 6 years of the debt occurring. And it also depends on when you last paid anything (possibly even £1) towards the debt.

There is nothing in your post to help understand your continuing liability.

So, when did you live in the property (exactly)?
When did you last pay any rent? 
Have you ever made any further contribution towards the arrears?

macman

I agree with the above. If the OP has not acknowledged or paid any rent for the last 6 years, then does it not come under statute barring?
Subject to that, anything less than 6 years is probably still enforceable.
OP, are you aware that with a LL resident overseas, then you are personally liable to collect and pay the income tax due on the rental payments?

AdrianC

horselover100 said:

I rented a house and signed a 3 year rental agreement. The landlord spent many years overseas and I went into arears. The rent was not collected by him for many years.

The landlord now wants to collect all those back rents in one go, after about 10 years of me not hearing anything from him.

I wondered if there is a rule on how long a landlord could do this.

In all that time he never once asked for his rent now he wants  to collect it in one go which would leave me in serious debt.

Since you knew the rent was due, surely you didn't just go and spend it...? You did keep it available in a savings account...?

The rent has undoubtedly fallen due every month, whether he has then chased the unpaid debt or not. You have clearly accepted the debt is valid through your continued occupation. When the initial three year tenancy period expired, you moved to a periodic tenancy, on the same terms.

He almost certainly cannot issue s21 notice, because of failings on his end in the paperwork. But I bet s8 g8 notice for serious arrears would be successful. And, since the arrears are longer than six months, the notice period is currently only four weeks. Yes, even under Covid.
https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices
(c.40% of the way down the page, "Minimum notice period lengths..." table.)

Debts are, generally, only enforceable for six years. But they are enforceable through the courts. As are costs of regaining possession.

BTW, you may well also be liable to HMRC for his tax, since under the non-resident landlord scheme, you should have been retaining that and paying it straight to HMRC on his behalf.
https://www.gov.uk/tax-uk-income-live-abroad/rent

saajan_12

horselover100 said:

I rented a house and signed a 3 year rental agreement. The landlord spent many years overseas and I went into arears. The rent was not collected by him for many years.  - you mean the rent was not paid by you for many years. 

The landlord now wants to collect all those back rents in one go, after about 10 years of me not hearing anything from him. - The tenant still doesn't want to pay all those back rents, after 10 years of not contacting the LL or keeping the money aside. 

I wondered if there is a rule on how long a landlord could do this.

In all that time he never once asked for his rent now he wants  to collect it in one go which would leave me in serious debt. - I haven't paid in all this time and AM in serious debt. 

Responsibility is on the tenant to pay rent, it doesn't have to be collected. 

theartfullodger

Tenant had/has contract agreeing to pay rent of £xxx/month.  That's all that's needed, for past 6 years teanancy.

HampshireH

OP you don't say I'd you are still living at this address or if you moved out after the three years were up.

You obviously do not have the money put aside or you wouldn't be here asking the question. One would wonder why you thought you could and now should, have the right to live there for free.

From your previous posts you say you are nearly 80 years old and have significant debts including a big loan with Barclays. Do you have any help? I think you need some support with your finances as you seem to be out of your depth with things having spiraled to an unmanageable point for you.

I don't meant that in a patronising way. But your posts suggest you aren't managing your finances on your own.

AdrianC

HampshireH said:

From your previous posts you say you are nearly 80 years old and have significant debts including a big loan with Barclays. Do you have any help? I think you need some support with your finances as you seem to be out of your depth with things having spiraled to an unmanageable point for you.

https://forums.moneysavingexpert.com/discussion/6222120/barclaycard-loan-unenforceable

I almost wonder if the OP's best bet here is to look into bankruptcy or IVA, accept that their time in this property is at an end, and lean on the local authority for accommodation. At 80, I would have thought the usual temporary B&B would be unsuitable, so straight for some kind of sheltered accommodation - which may prove more suitable in the future.

Of course, at 80, there's so much more than just a number involved, and we have no indication as to the OP's health. But losing control of finances reminds me of the very early days of what eventually turned into my father's dementia diagnosis.

One thing's for sure, it's definitely escalating above our housing pay-grade, and towards...
https://forums.moneysavingexpert.com/categories/bankruptcy-living-with-it

HampshireH

AdrianC said:

HampshireH said:

From your previous posts you say you are nearly 80 years old and have significant debts including a big loan with Barclays. Do you have any help? I think you need some support with your finances as you seem to be out of your depth with things having spiraled to an unmanageable point for you.

https://forums.moneysavingexpert.com/discussion/6222120/barclaycard-loan-unenforceable

I almost wonder if the OP's best bet here is to look into bankruptcy or IVA, accept that their time in this property is at an end, and lean on the local authority for accommodation. At 80, I would have thought the usual temporary B&B would be unsuitable, so straight for some kind of sheltered accommodation - which may prove more suitable in the future.

Of course, at 80, there's so much more than just a number involved, and we have no indication as to the OP's health. But losing control of finances reminds me of the very early days of what eventually turned into my father's dementia diagnosis.

One thing's for sure, it's definitely escalating above our housing pay-grade, and towards...
https://forums.moneysavingexpert.com/categories/bankruptcy-living-with-it

Completely agree and whilst I wouldn't wish to generalise, alarm bells started ringing when I read the linked post.

OP would be wise to seek support from the council for housing and also support for their finances. He may find the council can do both to a certain degree or at least sign post accordingly to face to face services in their area