Parent owned property and was LL at commencement of tenancy 5 years ago. Son bought house April 2017 when there was 4 months rent arrears and this has continued up to now. Section 48 served in November, no new TA was entered into with new LL son, can the new LL claim the previous arrears when his mother was LL (its a family situation) or can the arraers only be relied upon since son became owner? plus, can the arrears only be claimed after the S48 was served?
Question
Duty to Provide Name and Address of Landlord (England) | Preventing Controlling and Recovering Rent Arrears (England)
section 8 notice arrears and 2 landlords
Answer
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3 Comments
There should be no reason why the new landlord can’t claim all arrears. The arrears can go all the way back even before the section 48 notice.
Is this because of the family connection? As I would have thought that the past rent was due to a previous landlord and for example this could be a totally different non related person
No the family connection is irrelevant. When a landlord takes over a property, they take over both assets (the tenancy) and liabilities (including rent arrears). Section 8 does not distinguish who the money is owed to, just whether there are two months arrears or not.