Panicking about tenancy agreement!

CG77

Hi all,

This is my first post here although I've been reading for a while.

We moved into our rented place last weekend and we have not yet been declared BR. When we found the property we're now living in, we phoned the lettings agency anonymously to ask if there was a clause in the tenancy agreement about BR and were told no. Well guess what, we've just dug it out (after having rush read it through in the agency on the day of the move) and have found the following clause:

'In the case of non-payment of rent within 14 days of the due date whether legally demanded or not or if the tenant shall have a receiving order in bankruptcy made against him or compound with his creditors...the Landlord may re-enter the Property and take possession of the Premises...and that henceforth the Term shall cease...'

I am panicking!! Are they going to throw us out on the streets with a 2 year old??

Reassurance if possible please!

Thanks in advance,

CG. x

jo70

RIGHT try not to panic. Maybe ring the company tomorrow anonymously. Then contact the CAB and SHELTER for specific advice.
Wish we could help you more-but i'm sure much more informative people will be along to advise you soon.
All the best
J & A

betterlatethannever

It sounds like there would only be a problem if you didn't pay the rent, and all LLs would legally be able to take over the property in this case.
They have to apply to the courts to have you thrown out, and that is usually after 2 months of non payment.
The thing to do is simply pay your rent which i'm guessing you plan on doing

a similar question has been answered here about the BR bit http://forums.moneysavingexpert.com/showthread.html?t=1112549

CG77

Thanks folks,

I absolutely plan to pay the rent and would like to hope that would be the only time they'd evict us, but I read it to be separate things, ie 'in the case of non-payment of rent...OR if the tenant shall have a receiving order in bankruptcy...the landlord may re-enter the premises.'

Have I misunderstood it or is it ambiguous?

Thanks again for your superquick replies-I really appreciate it.

CG. x

betterlatethannever

No you haven't misunderstood it and sorry, but i mis understood some of your post so only really answered the bit about non payment of rent.

I had a clause in my tenancy agreement, but i asked the OR not to mention it to the landlord and he agreed as i was up to date with my rent.
I'm afraid its a tough one, but hopefully, if your upto date on rent the OR won't inform them and they will be non the wiser

CG77

Thank you again. I'm so scared because we're already in the house and the Landlord obviously doesn't know about our BR. We thought with this lettings agent it couldn't make a difference, but now we're discovering he could evict us if he chose to. What is the reality though? Is he really likely to evict someone who pays on time etc??

CG. x

betterlatethannever

as an add on..a couple of people on here have had their LLs informed and the LL has agreed to let them stay on without any problems (again, the rent will need to be upto date)

betterlatethannever

CG77 wrote: »

Thank you again. I'm so scared because we're already in the house and the Landlord obviously doesn't know about our BR. We thought with this lettings agent it couldn't make a difference, but now we're discovering he could evict us if he chose to. What is the reality though? Is he really likely to evict someone who pays on time etc??

CG. x

Its unlikely...most LLs would rather have someone than no one in their property, but it really will depend.
If they chuck you out there will be costs for the LL (court etc, if your stubborn and don't leave) he would then have to find someone else so the property would be empty for some time.
Even a week empty means the LL would have to find a weeks council tax, a weeks mortgage etc, so he really would be better off keeping you.
If you can bear it..keep your head down, pay the rent, beg the OR not to tell and take a deep sigh of relief when your still in your home in a few months time- well thats how i did it:o

CG77

Thank you BLTN,

I really hope you're right and we'll be ok. I think we'll follow your advice and pay, beg and pray!

My problem is that I'm such a worrier-I probably won't sleep now for a month and will be tempted to tell the LL before we go BR and even though he lives in America and would never find out unless the OR told him and even then he's very hard to get hold of! Aaaargh this is all so stressful!

Thanks again,

CG. x

Richard_S

Hi GG77,

The clause in your tennancy says:

or if the tenant shall have a receiving order in bankruptcy made against him or compound with his creditors...the Landlord may re-enter the Property and take possession of the Premises...and that henceforth the Term shall cease

It's the may that's important here, it doesn't mean they will; it's just a get out clause if the landlord has a tennant that declares bankruptcy owing a stack of unpaid rent.

If you're a good tennant you won't have anything to worry about. Just bear in mind that somebody with their credit record intact, but up to their ears in debt, is not in a position to pay the rent as easily as somebody who is bankrupt and has no debt repayments.

Richard

gettingbetter

cg77
try not to worry and get some sleep
kas x