Bankruptcy advice

dirtpoor

Hi, I live in a housing association property and am looking at bankruptcy, does anyone know if my tenancy will be in jeopardy? I am on invalidity benefit at present following an operation and when working have paid off over £8,000 of my debts and still have over £10k to pay off which I am doing with a debt management programme. I am now struggling to keep afloat and think bankruptcy is my only way out. I have rent arrears of approx £700 and of course this will be included in the bankruptcy so the Housing Association will have ammunition to have me evicted. I have lived in this property since 1993. I would be grateful for any help :mad:

Dez-Titute

Hi Dirtpoor,
have you contacted any of the debt charirities yet.

stubie

Not sure if you can go BR for less than 15k? Someone will be along soon to confirm.

debt_doctor

Hi,

Housing associations ( HA's ) have a duty to be sympathetic, and more importantly tenants are almost certainly assured tenants, which means they cannot evict without 'grounds'. ( unlike assured shorthold tenants )

If you go BR before any court hearing for possession then you could not lose your home for rent arrears.

Why not ring shelter tomorrow ?

Best

DD

dalip

Hi Dirtpoor
I am H/A and i went bc in november I have been here since 1982 and i don't even know if the OR told the H/A as i have heard nothing from them. The only problem i forsee is the rent arrears i never had any so that may make a difference. D

If it's any help i can ring mine up and ask for you. D

tigerfeet2006

stubie wrote: »

Not sure if you can go BR for less than 15k? Someone will be along soon to confirm.

You can go bankrupt for £750, if you can't pay it then it might as well be £750,000.

http://england.shelter.org.uk/

Dirtpoor, as Dez says as well please contact oe of the debt charities to talk through your options with them. If they suggest BR we will help and support you through it all. You need to do this as the judge could refuse your petition untill you have. Numbers and links in my signature.

dalip

I think stubie is getting confused with a IVA,you can not do those unless your debt is over £15,000. D

mazzatee

Hi Dirtpoor

I am a bit confused by Debt Doctor's advice. I thought that if rent arrears went into bankruptcy then you are deemed to be in breach of your tenancy agreement and they can take action to evict you regardless of when you file for bankruptcy.

I also understand that if your HA states they would take proceedings against you then you can go to the OR and ask them to allow small token payments to help clear the arrears and if the OR is in agreement then you can make payments as as the OR does not want to see anyone homeless.

Hope this helps but you should speak to your HA and one of the debt charities posted on the site.

dirtpoor

Thanks so much for all the advice, it is reassuring to know there are other people out there in a similiar situation and have come out the other end of despair! I have contacted one of the debt charities but I got the impression my home could be in danger which is something at my age (?) I can't afford to risk. Also it seems to me that you need money to go bankrupt and of course if you had money you wouldn't need to!

With thanks

Dirtpoor

dirtpoor

dalip wrote: »

Hi Dirtpoor
I am H/A and i went bc in november I have been here since 1982 and i don't even know if the OR told the H/A as i have heard nothing from them. The only problem i forsee is the rent arrears i never had any so that may make a difference. D

If it's any help i can ring mine up and ask for you. D

Thanks for this Dalip, yes please if you could ring and find out for me as I don't want to alert mine to the situation at present.

With much thanks

Dirtpoor

dirtpoor

mazzatee wrote: »

Hi Dirtpoor

I am a bit confused by Debt Doctor's advice. I thought that if rent arrears went into bankruptcy then you are deemed to be in breach of your tenancy agreement and they can take action to evict you regardless of when you file for bankruptcy.

I also understand that if your HA states they would take proceedings against you then you can go to the OR and ask them to allow small token payments to help clear the arrears and if the OR is in agreement then you can make payments as as the OR does not want to see anyone homeless.

Hope this helps but you should speak to your HA and one of the debt charities posted on the site.

This is very helpful information. I do not have a tenancy agreement as it expired 1997 and the HA at the time (the property has subsequently been taken over by another HA) overlooked (!) the agreements. The new association tried to get a few tenants to sign a new assured shorthold tenancy agreement but we were advised not to by advice from legal sources so technically I don't have an agreement at present which I guess complicates matters. We have been told that the property we are in will revert back to the Landlord which is not the HA in 2015 so by declaring bankruptcy this might give the ammunition to get me out. This is my one main worry.

With much thanks

Dirtpoor