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 bankruptcy postbag for july
 will bankruptcy affect my tenancy ?

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d_n Posted - 10 July 2008 : 01:26:37
I rent my flat on a short term tenancy for the last 3 years.I have no history of late payment of rent. will bankruptcy affect my ability to continue the tenancy?
7   L A T E S T    R E P L I E S    (Newest First)
eldraque Posted - 11 July 2008 : 18:11:32
I asked my O/R if she was going to tell my landlord that i was bankrupt, she said that as i wasn't in arrears with my rent etc, that she would not need to inform him at all. And she didn't, or hasn't yet anyway.
JulianDonnelly Posted - 11 July 2008 : 15:23:44
Hi MST,

I would suggest getting something drawn up by way of a rental agreement for the OR. An AST would be best, but a signed (and witnessed) letter may suffice.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
mst Posted - 11 July 2008 : 12:35:20
Sorry to push this back up the top but I have my court hearing this coming Thursday 17th and although they have advised that they do not require the rent book the OR may request it.

I therefore need to contact my landlord and explain that I am going BR. I don't think he will have any worries concerning my ability to pay him as he is a friend of the family but I am concerned that he will not like any detrimental affect BR will have on the property.

I am renting privately and have regularly paid 1/2 of the rent with my Mother assiting me to pay back debt by payign the other half. As fo BR I will be payign the whole rent as a reasonable expense and am worrying how the BR will affect my landlords property.
mst Posted - 10 July 2008 : 14:02:51
I have a follow up question to this. I have never had a formal rent agreement with my landlord as he is a friend of my Sister's (who is currently living with me whilst studying a full time degree).

I do not have a rent book either. I have been informed by my local county court that the rent book is not required at the hearing but that this may be requested by the OR after the hearing.

I am obviously going to inform my landlord that I am going BR but I wondered if I could put his mind at rest by stating that the BR only affects me and not the property? I don't know why I am worrying about this as I have only just recently been opening Baliffs letters pertaining to a debt that the previous tenant had some 4 years ago!
JulianDonnelly Posted - 10 July 2008 : 13:54:48
Hi DN and welcome to the forum.

I agree with Assist that you'll need to check your AST if there is a clause regarding BR.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
whatever Posted - 10 July 2008 : 04:45:44
Hi dn

Hopefully your landlord will appreciate that now you have no debts to pay you will be even more likely to never have rent arrears.
John Posted - 10 July 2008 : 01:55:01
Hi d n,

you need to study your tenancy agreement to see if bankruptcy could be an issue.
If it is mentioned as grounds for the landlord to terminate the agreement you may still be able to persuade the landlord to disregard the clause. Hopefully the landlord is an understanding one and realises the value of a tenant who has paid the rent for 3 years without a hitch.

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