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Jessica Rabbit
Starting Member

3 Posts

Posted - 30 December 2009 :  21:12:56  Show Profile  Reply with Quote
Hi All,

New to all this. I have taken the steps towards bankruptcy to try and sort myself out. Just one thing concerns me, I rent my home with my 5 year old twins and have done for six months. Always been up to date with the rent infact always paid a couple of days in front and had no problems. But worried that the lady that I rent off might not want me as a tenant if I go bankrupt.

Anyone been through a similar thing?

Any advise welcome. I have today spoken with Paul from Reviva today any feedback about the company too. He seemed very knowledgeable and helpful and put my mind at rest!

Senior Member

United Kingdom
1399 Posts

Posted - 30 December 2009 :  21:37:32  Show Profile  Reply with Quote
hello Jessica Rabbit,

Welcome and do not worry at this point about your tenancy

I seems to ne you have an assured shorthold in the private sector. Sadly, theyre are the type of trnancy that has the least security and whatever the rental situation is, the can be brought to an end by servive a 2 months notice.

DO NOT worry about this as we can deal with that depending how the land lies:

Are there arrears?
Has a S21 Notive been served and if so are the dates correct and it is has no legitimacy
If a s21 Notice has been served, is this the end of the fixed term? If no, then again nothing to worry about

So with the few headings above we can stave off any proceedings towards repossession/eviction

Be helpful to give me as much infor as you can:

Any children of school age?
Any medical factors to take into account
Have the landlord said they want it back? If so and they have not yet started, you have months and months before you get to court!! Ha Ha see there is justice

Then, even if the landlord gores to court - a long way to go - we (I ) need as much as you have to ensure I can assist you.

Many private landlords no little about their rights and obligation so that is to our (your) advantage

I have acted for tenants, councils mortgagees, mortgagors, landords so have seen it all - I prefer working for the tenant and MANY MAKE MISTAKES AND SCREEW MATTERS UP FOR THEMSELVES...

My advice gather all the details and post - I or some else (another expert) may be able to assist. You are as safe as can be for the forseeable future ands I am happy to protect your interests for free as necessary.

Regards, Richard

"There are no problems - only solutions..."

Edited by - Housing on 30 December 2009 21:45:05
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Jessica Rabbit
Starting Member

3 Posts

Posted - 30 December 2009 :  21:48:24  Show Profile  Reply with Quote
Hi Richard,

Thank you for you fast response.

I have two children of school age (5 year old twins), no medical issues. There are no rent arrears, I have rented for 6 months and the initial 6 month tenancy ended on 26th December and is up to renewal. I have decorated the property upstairs already and made the owner aware that I had wanted a long term rental due to my children and she was quite happy with that. Do you think that I am better of being upfront with her about my circumstances and see what happens? I have been a good tenant thus far with no issues on either side.

I am looking at bankruptcy after I divorced in 2006 and my following relationship ended quite badly too. We had bought a house with a 100% mortgage and an unsecured loan with the mortgage. My ex partner only paid half of the mortgage for a number of months which is in arrears and I cannot afford to support myself and my twins and keep a roof over my exes head too.

Any advise would be welcome.

Many Thanks
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Senior Member

United Kingdom
1399 Posts

Posted - 30 December 2009 :  21:57:58  Show Profile  Reply with Quote
Hi again Jessica,

I think that if the landlord/agent is offering to extend the period of the term of the ASST for, say, an extra 6 or 12 months - say nothing about the BR. (I never encourane people to decieve), however, if all is Ok they are happy to extent the period and so are you, then go ahead and agree a term - say 12 months

My only reservation is that in the private sector there is NO security beyond the fixed term , plus the statutory notive. Whereas as a tenant of a RSL (Housing Association) or local authority, then you have far better rights and far better security - in effect, a tenancy for life!

A difficuly line to balance - you may be better to hang onto what seems on the face of it, a resonable private landlord.

Let us know what emerges and if we can help. we will do, Regards, Richard, xx

"There are no problems - only solutions..."

Edited by - Housing on 31 December 2009 10:18:17
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Senior Member

1159 Posts

Posted - 31 December 2009 :  08:32:53  Show Profile  Reply with Quote
If you sign before you go bankrupt then you're not being untruthful.
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Senior Member

United Kingdom
1399 Posts

Posted - 31 December 2009 :  10:20:04  Show Profile  Reply with Quote
Hi again,

RHB is right - if you sign a new tenancy agreement before you file as BR, then you are not being dishonest anyway.

Good luck, if you need any more guidance, post back and I am happy to try to assist you.

Happy 2010 Richard

"There are no problems - only solutions..."
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