The Official Receiver has a duty to check your information that you provide on the SOA. He has a duty to ensure the statement about your circumstances are bona fide. That may lead to making contact with your landlord.
However, you might want to give the details of your tenancy to the ORs representative when you have your interview. I also suggest that you provide proof of the rental payments on bank statements/rent book or whatever means you have.
If you say to the OR you are concerned about the landlord knowing you are BR, then they may not make more detailsed enquiries. They do not want to see you put into a situation that results in losing your home.
If you are a local authority or RSL tenant, then you have nothing to worry about (provided you pay the rental).
Some tenancy agreements have express clauses about BR - not that many though.
I would not worry unduly and as i have suggested give evidence and express your concern.
Good luck, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!)
Hiya, I asked the same question when my husband and I were with the OR back in Nov. We went BR in Oct and at our OR interview we were told that they would be informing our landlord that we were bankrupt. I was worried sick, thinking that our landlord would be knocking the door asking us to leave!
The OR said that they had to tell the landlord by law. I dont know if this is the case (although why say it otherwise) but this is despite seeing all our bank account details of rent being taken out (i.e. proof that we were paying rent etc) but luckily the landlord so far hasnt called and asked anything or questioned us. I really hope the same goes for you, that your landlord is kind and understanding to your situation.
I decided to tell mine - better from me than the OR being my train of thought. The OR had already written though to my letting agent and they said as long as the rent was paid that the landlord need have no knowledge of my status.
Bear in mind as long as you are paying the rent you are an asset - an empty house is just another liability that needs to be marketed!
A few reasons. 1)Any agreement that is not in a standard format could lead to you having an asset or liability that would be in the bankruptcy. 2)To see if you have any rent arrears 3) even if you have provided a copy of the tenancy agreement the OR does not know that it has not been changed since the one presented (not all people are 100% truthfull) 4) the OR may have a bankruptcy clause in the agreement and so deserves to be informed if that clause may be enacted.
Landlord
Posted - 11 January 2010 : 19:53:42
