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 bankruptcy postbag for august
 Panicking about tenancy agreement!
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BankruptC
Senior Member



1030 Posts

Posted - 22 August 2008 :  21:13:46  Show Profile  Reply with Quote
Itnever takes me long to find something to panic about, does it?!

Anyway, as some of you know, we moved into our rented place last weekend and we have not yet been declared BR. When we found the property we're now living in, we phoned the lettings agency anonymously to ask if there was a clause in the tenancy agreement about BR and were told no. Well guess what, we've just dug it out (after having rush read it through in the agency on the day of the move) and have found the following clause:

'In the case of non-payment of rent within 14 days of the due date whether legally demanded or not or if the tenant shall have a receiving order in bankruptcy made against him or compound with his creditors...the Landlord may re-enter the Property and take possession of the Premises...and that henceforth the Term shall cease...'

I am panicking!! Are they going to throw us out on the streets with a 2 year old??

Reassurance if possible please!

Thanks in advance,

CG. x

John
New Member



United Kingdom
73 Posts

Posted - 22 August 2008 :  23:12:08  Show Profile  Reply with Quote
Hi CG

I can't give you the reassurance you would like as the statement is clear.
I would speak to the letting agents again.

The OR will contact the landlord anyway when the time comes to ensure there are no rental arrears so best to get the matter dealt with.

Call them and point out your anonymous call.
It may be that the letting agent has had the clause in his standard conditions for some time, but in reality they know that landlords do not like their properties being empty and provide you meet the rental payments they are happy not to exercise the clause.

www.Bankruptcyhelp.org.uk
0800 078 9367
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BankruptC
Senior Member



1030 Posts

Posted - 22 August 2008 :  23:16:04  Show Profile  Reply with Quote
Thanks John,

I was kind of hoping the OR may not have to contact the landlord, so planned to keep quiet about it till then. I've read several posts where people have said the OR didn't have to contact the landlord because there were no arrears and they could prove it by showing their tenancy agreements and the payments on statements etc.

Is it a bad idea to wait and see?

CG. x
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John
New Member



United Kingdom
73 Posts

Posted - 23 August 2008 :  00:16:33  Show Profile  Reply with Quote
Hi CG
If you can provide a copy agreement and a statement then I can see why the OR would not need to contact the landlord.

As to whether you "come clean" or not I think is a question only you can answer.
I can see pluses and minuses either way.

www.Bankruptcyhelp.org.uk
0800 078 9367
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 23 August 2008 :  08:30:27  Show Profile  Reply with Quote
Hi CG
I hope that you get this sorted out. You dont need anymore stress at the moment.
We will be deciding what to do about our home from next August, just after discharge, again we dont need any more stress either.
We unlike some on here dont have any secured debts against our property although we do have equity and have decided to leave our fate up to the OR but that could be dependent on the mortgage when its due for renewel in May as it may go sky high, if it does then we will explain to the OR or whoever is dealing with it that we cant afford to make the payments, then miss them and let it go to repossesion.
We are on the housing list and also I have some friends in the estate agency market who can get round the BR bit, which for us can mean some take you some wont, some may charge 6 months rent in advance some might not, and that should make it slightly easier when they are trying to find us a place to move into, and also all being well after the 4th of August 2009 (Hopefully) we will be discharged.
I do hope that this is only a clause and that it wont effect you as you have just moved in and as long as you pay your rent then I dont know why people make such a fuss about BR's we go BR as we cant afford ALL the big debts, we know we have to pay for a home and the utilities but they still hound us like dogs.
Take care
Jo

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"
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BankruptC
Senior Member



1030 Posts

Posted - 23 August 2008 :  11:53:03  Show Profile  Reply with Quote
Thanks everyone,

I'm feeling a bit better about everything this morning. My husband called the letting agency, anonymously again, but explained we are likely to be going BR soon and asked what implications this would have. They said that they know people have allsorts of things going on in their lives, and that, to be frank, they don't care what they are as long as they get their rent. They said that if the OR did contact them, they would be obliged to inform the landlord, but that in their experience, he would have the same view as them. They said they would tell the landlord they were happy to let us continue living in the house as long as he was, and that of course, if we stop paying, THEN they will look to evict us. She said the clause is basically there so that if people are BR and don't pay the rent, they can reclaim the house quicker than if they just stopped paying rent.

Anyway, as I said, I feel better about it now. I will still worry, especially if the OR does inform the agent, but I guess like so many things in the BR process, we'll have to cross that bridge when we come to it!

The way I see it, now I know more about BR, if I were a landlord, I'd be more inclined to let a house to a BR, who has no debt and can focus on paying the necessary, than to someone who isn't BR but for all they know could have LOADS of debt and still be trying to struggle on, like we were a few months ago! We would have had no problem renting a house, but huge problems paying the rent, whereas once BR we'll have no probs paying the rent, but could have probs keeping the house!

CG. x
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John
New Member



United Kingdom
73 Posts

Posted - 23 August 2008 :  12:17:11  Show Profile  Reply with Quote
Hi CG

glad to see your feeling a little more philosophical about it all today.

Yes it's quite ironic really, knowing what I know now and if I were a lender, i'd pick a recently BR person with no debt every time over those with great credit ratings earnt purely because they have had a lot of credit and managed, up to now, to pay.

www.Bankruptcyhelp.org.uk
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jim_h
Junior Member

United Kingdom
219 Posts

Posted - 24 August 2008 :  10:41:11  Show Profile  Reply with Quote
i was told by my landlord as long as i keep paying my rent it would be ok i have been renting my house for over a year now he said it was a standard agreement that most landlords use he said as long as you keep up the payments it would be alright
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