| Author |
 Topic  |
|
|
LadyJay
Starting Member
36 Posts |
 Posted - 29 May 2009 : 03:49:11
|
| Please help..I've just read my tenancy agreement and its very clear that my partner and myself will be asked to leave our rented property if I go ahead with my bankruptcy. The thought of being homeless and asked to leave is really upsetting me..what options do I have if any? |
|
|
jwmc77
Junior Member
United Kingdom
195 Posts |
Posted - 29 May 2009 : 04:38:39
|
simple...dont tell them you're going br!
its very unlikely that the or will inform your landlord, and to be honest...even if they did find out they'de probably be happy to let you stay if the rents been coming in on time, they would probably rather do without the hassle of trying to find new tennants.
MAC |
 |
|
|
gettingoutofdebt
forum expert
2418 Posts |
Posted - 29 May 2009 : 08:10:59
|
I'm not so sure about that. When I had my interview the OR said that they would need to contact the landlord even though I said that I would provide a copy of the rental agreement and bank statements showing that I had paid the rent each month.
Your options are:
- Speak to your landlord and advise them you are going BR. You can assure them that the rent will continue to be paid as after you are BR you will have more money as you will not be paying creditors. If you have a good payment history and have always paid on time and been in the property for a while the landlord may be happy for you to stay there.
- Look for another property. This is what quite a few people end up doing. You can either look for a private rental or go through an agency who will run a credit check but need to do this before you go BR. You can then move into the new property a day or two after you are BR. The OR will not need to contact this new landlord as you will not have paid any rent so will not be behind on any payments.
|
Edited by - gettingoutofdebt on 29 May 2009 08:11:23 |
|
|
|
FingersCrossed
Starting Member
United Kingdom
13 Posts |
Posted - 29 May 2009 : 10:50:48
|
What's the exact wording on your tenancy agreement?
Mine was something like "if you are made bankrupt, the landlord has the right to issue you with a standard 2 month notice period, regardless of the duration left on the contract" (or similar)
I was a bit concerned by that, but I figured it would be better they found out from me than from the OR.
I spoke to them a couple of weeks before my hearing and they didn't care at all; said as long as the rent was paid it didn't matter.
So just because the agreement says something about it, doesn't mean they're going to kick you out, I would imagine they put it in there to cover themselves. |
|
|
|
Sparkle83
Junior Member
258 Posts |
Posted - 29 May 2009 : 12:19:33
|
| I think it'd be the difference between 'has the right' and 'will'. I personally would go for a combination, start looking for somewhere and then approach your landlord that you desperately want to stay and believe you are good reliable tenants with a solid payment history, but that BR is looking likely. |
|
|
|
jim_h
Junior Member
United Kingdom
219 Posts |
Posted - 29 May 2009 : 22:31:58
|
| do not worry to much most tenancy agreements say this as long as you have a good record of payments prior to bankruptcy should be OK |
|
|
|
LadyJay
Starting Member
36 Posts |
Posted - 07 June 2009 : 14:09:01
|
Thanks so much for your responses  you guys have definitely calmed me down! (Apologies for the delay but I've been abroad for a week with work and have had no internet!!)
I've decided to have a look for other properties just incase my Landlord isnt happy with the BR. I will email her and let her know my circumstances but assure her the rent will be paid like it always is.
My agreement says 'we may repossess the property if you go bankrupt' so fingers crossed they dont. At least it doesnt say we WILL repossess I suppose.
Thanks again as always!
|
|
|
|
frosie90
Junior Member
285 Posts |
Posted - 07 June 2009 : 14:25:08
|
Good luck LadyJay. I moved into rented accommodation about two weeks before BR so obviously had not built a solid payment history. I rent through an Estate Agency but had the privilege of meeting my Landlord when he came over to fix something. Having met him I felt it right and proper to write to him rather than the Estate Agent. I assured him of my reliability etc. He rang me soon after to thank me for my honesty but had needed couple of days to think about it. At the end of the day it is more hassle for them to have to look for another tenant and if you have good payment history with them it should not be a problem. Good luck.
Rosie
|
|
|
|
LadyJay
Starting Member
36 Posts |
Posted - 07 June 2009 : 14:32:23
|
Thanks Rosie . I thought by emailing my Landlord at least she has a while to think about it before responding..am scared if I call her she'll make a 'knee-jerk' decision! Gunna call my IP this week and start the BR ball rolling as I'm now 100% sure its the best thing for me. I feel soooo much better for saying that last sentence out loud! LOL
|
|
|
|
frosie90
Junior Member
285 Posts |
Posted - 07 June 2009 : 14:40:28
|
Hi me again,
Yep definitely think it wise to write via email/letter rather than put her on the spot. Sure she will be fine. I put in my letter how much I love the house and that I will look after it etc. and that I had never missed mortgage payment on my house prior to BR etc. Good luck with it. And yes, feels good doesnt it!! Although I still have little niggling things to still deal with I feel so much better for going BR. Keep posting.
Rosie
|
|
|
| |
Topic |
|
Please help..I've just read my tenancy agreement
