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T O P I C R E V I E W
grace347
Posted - 30 January 2009 : 05:37:48 Hi there,
Not been on for a while but we have our appointment to file for BR on Monday and just wanted to ask for some advice re house rental!
We rent our house through a letting agent and just wanted to clarify what our position would be with regards to the original contract when we go BR.
Does the original contract become void if the tenant becomes BR. In such a case does that mean from our point of view can we make a decision to move out of the property before the end of the original tenancy period or does this only give the right to evict to the landlord i.e. should we be behind in rent etc etc (which we are not and have always paid our rent on time).
Reason being is that my partners work contract may end in May this year and with the current employment market may have to take a job which is further away than where we currently live, therefore it would be handy if we were all able to move closer to his next job rather than him maybe having to commute down south or whereever he is fortunate enough to get another job.
With regards to the tenancy agreement the fact that the contract may become void may be quite handy for ourselves too?!
Many thanks
Jennifer x
6 L A T E S T R E P L I E S (Newest First)
grace347
Posted - 31 January 2009 : 11:59:24 Hi,
Ha, I was hoping the exact same thing!!
jen x
John
Posted - 30 January 2009 : 08:12:40 Hi
lets hope the judge is male.
He'll take one look and hopefully get you out of there as swiftly as he can, haha!
Hope all goes well on Monday and congrats on the pending arrival.
grace347
Posted - 30 January 2009 : 08:10:10 Tell me about it! Def. would be a good thing not to be evicted and have to move anyway but needs must!
Also our second baby is due the day after BR appt. lets hope i'm not in labour and can make the appt! Nothing like a bit of stress to bring on contractions! You have to laugh!
Jen x
John
Posted - 30 January 2009 : 07:58:35 Hi
you're welcome.
I should have added that in the vast majority of cases the clause to evict on bankruptcy is not invoked, particularly if you have a good payment record and the landlord feels you are good tenants.
This of course is usually a good thing as a bankrupt has enough to worry about without having to find a new home.
Unfortunately it may not be of particular benefit in your case. Let's hope that your partner's new contract is near to your current home.
grace347
Posted - 30 January 2009 : 06:54:20 Many thanks for this John!
Jennifer x
John
Posted - 30 January 2009 : 06:13:31 Hi Jennifer
bankruptcy itself would not necessarily void the contract. There may well be a clause which allows the landlord to terminate because of it, and you would not have to be in arrears for them to invoke the clause, but if he / she chooses not to then you would still be bound by the contract terms.
