www.iva.co.uk

Hope someone can help. After getting some advice from numerous sources it was advised that bankruptcy is the best option for me.

The only problem I have is that I’m currently renting, I’ve just checked my contract and it does mention that if the tenant becomes bankrupt they have the right to evict me. ( I cant remember the wording off hand).

I thought about talking to them before I proceed but my father suggested not to, he thinks that the letting agent will not be informed. I’ve been living at this current address for the past 9 months and have never missed a payment, (I’m in full-time employment). I also share the house with someone else (we spilt the rent, it’s a joint tenancy), so obviously I feel bad bringing her into this situation, but my father seems to think this too will work in my favour as they cant evict her?

I’m not sure if I should talk to them before I file for bankruptcy or take the risk?

Hi vicks

Why did your adviser think that bankruptcy was the best option for you? And do you agree?

I would never give such advice, unless you had absolutely no assets or disposable income - and therefore could not afford to make any contributions to your creditors.

If the tenancy agreement says that you will be in breach of the agreement then that is a matter of fact - but as your says they have the right to evict you, then this just gives them rights to decide at that time. After the making of a bankruptcy order, the Trustee will write to your landlord as a matter of course, so you do take the risk that this clause may be envoked and run the risk of not only disturbing yourself but also your flatmate.

What disposable income are you left with once you have paid your rent and personal bills each month, and how much do you actually owe to creditors?

Think it's just going to be down to luck on the day as to whether they terminate tenancy.

[?]Experts....If they don't terminate tenancy after br do they have to abide by their initial decision to allow the tenancy to carry on, or can they at any point terminate, assuming that the T'agreement stays the same??
Just a thought as it would be very insecure place to be if they can chop and change as they like....[:(]

They have the right to terminate at any time under the terms of the agreement.

So in reality, anyone with the br/termination clause in their T'agreement is probably better off trying to rent somewhere else OR get the T'agreement changed?(probably only possible if renting direct from a L/lord)