Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Can a new landlord recover rent arrears from a former landlord? And can the rent arrears owed to the previous landlord form part of the new landlord’s section 8 notice?

21 Jul 2021 | 1 comment

Can a new landlord which has recently acquired a residential property which is subject to a tenancy recover rent arrears which was due by the tenant to the former landlord / freeholder? Also can the new landlord rely upon the former rent arrears to serve a section 8 notice pursuant to the Housing Act 1988.

Answer

1 Comment

  1. guildy

    In theory, yes this is possible because the new landlord takes over.

    However, if the court chose to, they could ask the new landlord about the purchase of the property and what arrangements were made in respect of the arrears.

    Normally, what should happen is if there are arrears, the new landlord will pay the seller an amount representing the arrears as on the date of the transfer on top of the purchase price. That is effectively buying the arrears off the old landlord. Without this, it could be argued that the old landlord still retains the rights to the arrears and could personally sue the tenants for that amount up to the date of transfer.

    However, in reality, it’s unlikely the court would go into the level of detail – it’s just worth noting as a possibility.

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