Landlord

11 posts Page 1 of 1
 
 

stuffed

User avatar
Posts: 57
Joined: Wed Apr 09, 2008 3:56 pm
Location:

Post by stuffed » Mon Jun 09, 2008 11:33 am
I am meeting the OR this week and have got my documents together. Can anyone help me? I live in rented accomodation and will either renew the contract or move out.
I have got a copy of the tenancy agreement and a reference from the landlord saying that I have always paid the rent on time and am a model tenant!!
The tenenacy agreement does not mention the Landlord being informed in the case of BR.Is the OR obliged or likely to inform the landlord?

I would prefer it if they didn't as it will be very embarassing.

Very worried now that the landlord would refuse to extend the tenancy agreement and we will be homeless?

Thanks
Stuffed
 
 

Skippy

User avatar
Posts: 20720
Joined: Sat Oct 21, 2006 6:08 pm
Location: United Kingdom

Post by Skippy » Mon Jun 09, 2008 11:49 am
The OR is supposed to notify your landlord, but I have heard of cases where if everything is up to date and you have a tenancy agreement they don't do it. Unfortunately I think it depends on the OR.
 
 

abc

User avatar
Posts: 152
Joined: Wed Jan 30, 2008 4:55 pm
Location: United Kingdom

Post by abc » Mon Jun 09, 2008 12:05 pm
The OR will inform the landlord as you have a contingent liability to them, however, landlords are generally relaxed as long as you continue paying your rent which you are probably in a better position to do without paying your creditors! However, you need to check the terms of the tenancy as they normally say that the landlord can terminate the lease if you are made bankrupt although in practice they are happy to continue if you pay the rent.
Alan Coleman
Licensed Insolvency Practitioner with over 20 years experience and specialist for IVAs for self employed people

www.jmmarriott.co.uk
 
 

chris.g

User avatar
Posts: 2102
Joined: Thu Oct 25, 2007 10:38 pm
Location: United Kingdom

Post by chris.g » Mon Jun 09, 2008 7:10 pm
Our OR notified our landlord but I have heard of cases when they don't. I think you can request the OR doesn't notify the landlord but they may ask for a valid reason. As it's already been mentioned you need to check through your tenancy agreement carefully incase there is anything in there. You would rather know before hand if there's a risk of losing your home.
It's nice to be back......
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Mon Jun 09, 2008 7:50 pm
The OR is increasingly not notifying landlords of bankruptcy proceedings if it is clear that the rent is of a domestic rather than commercial nature and there are no arrears.
Regards, Melanie Giles, Insolvency Practitioner
 
 

jane.l

User avatar
Posts: 645
Joined: Thu Mar 01, 2007 6:35 pm
Location:

Post by jane.l » Mon Jun 09, 2008 7:54 pm
our landlord was not informed
 
 

stuffed

User avatar
Posts: 57
Joined: Wed Apr 09, 2008 3:56 pm
Location:

Post by stuffed » Tue Jun 10, 2008 9:53 am
Thanks for all your replies.
I am still very concerned about it and would be horribly embarassed if the landlord found out.
I guess we will just have to wait and see, hoping that the OR is reasonable about this.

Thanks
Stuffed
 
 

Reviva UK

User avatar
Posts: 609
Joined: Sat Feb 09, 2008 12:02 am
Location: United Kingdom

Post by Reviva UK » Tue Jun 10, 2008 3:50 pm
Hi Stuffed

I always provide the OR with a copy of the tenancy agreement along with bank statements etc for clients - this way it is clear that the rent paid is what is stated on the statement of affairs.

I have often seen people trying to quote hogher rents than they actually pay in the hope that they will reduce their disposable income for an IPA.

Perhaps this is the reason for the OR to speak to the landlords
Paul Johns
Reviva UK
Assisted Bankruptcy Specialists
www.revivauk.com
 
 

stuffed

User avatar
Posts: 57
Joined: Wed Apr 09, 2008 3:56 pm
Location:

Post by stuffed » Thu Jun 12, 2008 1:03 pm
Took all the information to the OR yesterday and she said that she wouldn't inform the landlord.
Get home to receive a call from the landlord, one of the creditors had phoned him and told him anyway!!
Seems he is happy for us to stay in the house and my brother is going to help out with the rent.
So that's good news!!
 
 

chris.g

User avatar
Posts: 2102
Joined: Thu Oct 25, 2007 10:38 pm
Location: United Kingdom

Post by chris.g » Thu Jun 12, 2008 1:49 pm
Would that not be classed as breach of the Data Protection Act? I think it's very wrong that any creditor should contact anyone regarding a debtors situation, let alone their landlord. It seems as if they are trying to punish you even more than you have been already. Some creditors stoop to very low levels.....[:(!]
Last edited by chris.g on Thu Jun 12, 2008 1:50 pm, edited 1 time in total.
It's nice to be back......
 
 

stuffed

User avatar
Posts: 57
Joined: Wed Apr 09, 2008 3:56 pm
Location:

Post by stuffed » Thu Jun 12, 2008 2:38 pm
I don't know to be honest with you? I don't think that there would be anything we could do about it anyway.
It is a matter of public record that we are BR.

It does feel like we have just been put on a fast spin!!, all our energy is disappearing and we are a bit hopeless.
Que sera
11 posts Page 1 of 1
Return to “bankruptcy”