Landlord a creditor?

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uniboy02

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Post by uniboy02 » Tue Mar 08, 2011 12:16 pm
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Hi,

I am in a complex argument with my previous Landlord. I had a fixed term AST (residential tenancy).

Landlord is claiming that his "debt" should have been included in the IVA.

Important to note that there was no debt when we entered the agreement, only the rent bound until the expiry of the fixed term tenancy. I paid rent in full for a year after entering the IVA. Only now, when we have a dispute over the end of the tenancy, is he claiming he should have been notified.

My first thought is that a tenancy is not a "debt"?
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plasticdaft

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Post by plasticdaft » Tue Mar 08, 2011 12:26 pm
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I cant see how your tenancy can be classed as a debt,but one of the Ip's should be able to clarify this.

Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
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kallis3

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Post by kallis3 » Tue Mar 08, 2011 6:21 pm
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If you have paid the rent then I wouldn't have thought your landlord could claim anything.

Hopefully one of the experts can pick up on this.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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MelanieGiles

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Post by MelanieGiles » Tue Mar 08, 2011 11:10 pm
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The tenancy was a contingent liability and if you had agreed to pay rent for a full year, but had only part-paid then technically they should have received notice of the IVA. If, as you say, you have now paid all of the rent, this is no longer an issue.
Regards, Melanie Giles, Insolvency Practitioner
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