Council Time Limit

[becky070]

used to rent a flat from the council until July 2000. received a phone call TODAY telling me i owe arrears and court costs for the property!! is there no time limit and why, when i left a forwarding address did they not think to contact me sooner. I handed the keys in personally and nothing was said then, as far as i was concerned all done and dusted. what do i do now? :-(

[woofgang]

well do you owe the arrears?

[becky070]

wasn't told so at the time, i left that flat believing everything was up to date.

[Zacs-Master]

I believe That recovery of rent is limited to 6 years from the date that the right of action accrued, under The Limitation Act 1980.

[Zacs-Master]

Ah yes, statute barred under s.19 Limitations Act 1980 - so long as you haven't admitted liability for it or communicated with them over the past 6 years about the debt.

S.19 says:

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.

[Hymie]

There is a notional time limit of 6 years, after which the debt is unenforceable.

To enable others to offer helpful advice, more info is needed. What is the period (dates) over which the council claim the rent was unpaid.

It may be a case of gross incompetence on behalf of your local council – the court would have given a judgement in their favour based on the assumption that the facts before them were correct – without you having the opportunity to point out that it was complete nonsense.

But you need to sort it out ASAP as they have a court order against you – a visit to the CAB might be your best course of action.

[bednobs]

were you recieving hb at the time (if it even existed then?)
If so, and it was supposed to pay your rent, the 6 years migh t not apply