I have been in an IVA for around a year now and it's working really well for me. However I have had some issues with a previous landlord over rental arrears -- I no longer live in the property (which I shared with 2 others) I'm frightened he might take me to court and try and claim against me. I don't want this to affect my IVA. Any advice would be much appreciated. He failed to contact us for over 6 months during the agreement and my deposit never went into the correct scheme.
Did the rental arrears relate to a period of occupation prior to you entering into the IVA? If so, did you included them as a creditor within the IVA proposal?
It relates to the time around and just after my IVA. So it was not included on my IVA. Having done some sums I paid my share of the rent however, the people I were sharing with have no paid there's but its my name on the tenancy agreement. In hinds sight this was a silly thing to do but it was the landlords idea.
He hasn't taken any formal action yet, just a couple of texts about money.
I am so happy with my IVA and how it has changed my life around. I just don't anything to affect it.
Is there any way you can get the two others to pay something towards this - after all they were living there with you at the time. How much does the landlord say you currently owe, and how much did you pay as a deposit bond when you moved into the property?
They have moved on and cut all contact, they ignore my phone calls and emails.
He says we currently owe £4450 which is minus the security deposit he is going to keep - it was never entered into a scheme - as I never received the paperwork.
He wants me to pay £300 a month which I obviously can't afford and he is well aware and has the contact numbers for the boys I was living with.
That is quite a lot of arrears. What period does it relate to, and what was the date that your IVA was accepted.
You can take your former flatmates to Court for their share of the rent, if you have current contact details for them. A solicitor would be able to assist you with this. It seems that your landlord is intent on harrassing you with this, as it was your name on the lease, and he is probably entitled to do this.
I thought as much. Should I try negotiating with landlord to an amount I could pay -- maybe £50 a month and declare it at my review. Explaining the situation. Or would that make the situation worse? Whilst trying to contact my former housemates for the money.
I am trying to establish how much of the arrears relates to tbe pre-IV period, and how much relates to a time you were in occupation of the property once the IVA was accepted. Can you split the amount due into both periods Lou?
About £1000 is pre IVA. I understand that I am likely to have to pay but the amount set out is to high and I also need to get the majority of the money from my previous housemates -- as I moved out early. They were there for two months on their own which he is fully aware of and agreed to.
I kept my rent to one side to pay it as I knew this could occur. But my housemates didn't they demanded we stop paying due to the landlord not fixing broken window seals in the while apartment -- we tried to contact the landlord to no avail until he resurfaced 5 months later.
The element of the rent owing prior to the acceptance of your IVA could be included as an omitted creditor, but you would still be liable for the post-IVA balance. If there are reasons why the rent was withheld - ie if your landlord did not honour his obligations to maintain the property in good repair, you may have rights of mitigation. If rent is due for the post-IVA period, and you cannot enlist the support of your former flatmates, then I think you will have to try to come to some affordable arrangement with the landlord - and your IP may be able to assist with this by perhaps lowering your IVA payments for a short while whilst you try to pay off some of the rent due.
