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Housing
Senior Member
United Kingdom
1399 Posts |
 Posted - 02 September 2009 : 10:22:59
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Good morning,
I was a letting an estate agent.
I held some deposits that were paid from tenants on the lettings side and those sums are part of my BR - I explained this to the OR and he had no problem with it.
I am sure others who post here will have beem in a similar position if they have had tenants.
Can anyone clarify who the creditor is - is it the landlord or the tenant?
many thanks to one and all, Richard
"There are no problems - only solutions..." |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 02 September 2009 : 11:30:22
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Hi housing
You were holding the deposits on behalf of the tenant, and so they are your creditors, it remains the tenants money until the landlord claims against it for whatever reason.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 02 September 2009 : 11:39:43
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Hi Suzanne,
Thank you for your reply - that is what I had thought it would be, but is it not maybe more complex, say a tenant leaves and has caused damage - there the landlord has a legitimate claim on the money, I would imagine.
The problem I have is listing the creditors (accurately) on the SOA so that there is no confusion. At the moment the OR has been happy to see the sum that I have estimated for him as generall debts to be confirmed - he has been very helpful in that respect - but I am beating myself up as to what I now put on the amended details for the OR.
On a normal situation I am quite confident - on this it has stressed me for weeks and I cannot get it straight in my head.
Regards, Richard
"There are no problems - only solutions..." |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 02 September 2009 : 15:19:30
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Hi
If a tenant leaves and has caused damage and there is no money to cover it because the tenants money is not available, then the landlord has to claim against the tenant. It would be the same if the extent of the damage is so costly that a deposit doesn't cover it. If there is any claim against you it would be in terms of your misconduct in not protecting the tenants money, and would be an issue separate from the bankruptcy.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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who is the creditor
