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| T O P I C R E V I E W |
| sarah.e |
Posted - 28 January 2009 : 16:40:33
We privately rent our home and have been here 4.5 years and are are very soon going to declare BR due to failed IVA. We are fully up to date with rent and always have been. After looking through many posts on this brilliant site I have loooked out our Tenancy agreement and found this clause:
"PROVIDED ALWAYS AND IT IS HEREBY AGREED as follows:- the Tenant being an individual shall become bankrupt or if the tenant shall enter into any composition with his creditiors.....the Landlord may re-enter upon the property and immediately thereupon the tenancy shall be absolutely determine without prejudice to the other rights and remedies of the Landlord"
Can anyone help - what does this mean in plain english?! I am now in a bit of a panic! Does the landlord always have to be informed of BR. I have 3 teenage girls and am really not wanting us all to be kicked out! |
| 3 L A T E S T R E P L I E S (Newest First) |
| roger99 |
Posted - 02 February 2009 : 10:37:19
It dos'nt matter what is put into and AST .It HAS to go to court to get an order. The judge can only issue an unaposable eviction if certain parts of the agreement are broken, loss of rent ,damage, abuse etc etc. These are the few cases where a judge may not refuse the order. A landlord will always want to keep a good paying tenant, just pay your rent and nothing will happen. |
| jim_h |
Posted - 01 February 2009 : 14:34:24
this is a standard Claus in most short term tenancy agreements as long as you pay the rent that's all that matters told my landlord have been renting for 14 months now he said you have proved you can pay your rent my iva has also failed told my landlord he said so what as long as you keep paying that's all that matters to me |
| JulianDonnelly |
Posted - 29 January 2009 : 11:40:01
Hi Sarah.e,
Regrettably, the OR will write to your landlord just to ensure there aren't any rent arrears. These clauses are normally added to enable the landlord to get you out quickly if you go BR and are behind on the rent, rather than by going down the route of obtaining a court order. It would depend on your landlord as to how they will proceed, but if you're up to date with rental payments and always on time, I would suggest you should be ok. It may well be worth your while talking to your landlord and advising them of your situation (depending on your relationship with him/her).
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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