we wonder what rights we might have

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londonblue

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Post by londonblue » Wed Aug 22, 2007 4:02 pm
I know the forum is for those facing IVA, but our situation is that we are effectively becoming one of the creditors. I'll try to explain briefly.

We have let our flat (with legally binding contracts, not on an ad-hoc basis) to "friends" who have now fallen over two months behind with the rent.

We have done everything we can to work with them to try and resolve the issue, but they have totally ignored our requests (including registered mail explaining the situation which they have received) and refuse to talk to us.

Today, we received a letter and form from a financial company that is working on their behalf, asking us to answer questions about their standing, rent arrangements, etc., as their landlords. We presume they have initiated this procedure. We don't know for certain that this is IVA - they could be going straight for bankruptcy - but because they refuse to talk to us we have no idea.

Not knowing much about the process, we wonder what rights we might have, how likely we are to ever get any rent back, if this delays our right to evict (they are also refusing to allow an estate agent round to let other people view the property, though they originally agreed to it).

We didn't want it to come to this, but we are slipping into debt (as we pay a mortgage on the property as well as our rent elsewhere) and this cannot continue. If we're unlikely to see any money, we should just cut our losses now, evict, so we can sell the property and clear our debts.

Sorry for the long message, but we're really quite concerned that we've lost thousands of pounds - as well as a friendship, unfortunately.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Aug 22, 2007 4:08 pm
Hi londonblue and welcome to the forum

The forum is a community for those in debt and those who are creditors, so no problem in posting here!

If your friends are struggling financially, then you have remedies under the lease as well as under normal civil law, and it is important that you get access to your own property. Is there a formal lease agreement in place, and if so what remedies does it give you for recovery of rent?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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