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Panicking about tenancy agreement!

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Comments

  • CG77
    CG77 Posts: 1,210 Forumite
    Thanks again all,

    I've justposted the same on another forumand was told by one of the experts on there that the OR WILL have to contact my landlord anyway, so I should speak to the lettings agency and let them know what's going on. I'm tempted to do it to get some peace of mind, but then if I'm telling them and tha landlord when there's no need, Icould be asking for trouble!!

    I don't know what to do for the best!

    CG. x
    New Year, New Me!!!
    Weight loss mission 2012 has officially begun!!
    :jLoss so far: 3 stone 4lbs:j
  • I agree with Richard in that the key word is "may". You'd have to have a pretty stupid landlord for him to condsider evicting a good tenant who pays on time.

    I will never know whether my landlord or agency were notified or not. It did cross my mind whether I should inform them but never did.

    I was fortunate though that there was no bankruptcy clause in my contract (I did check), perhaps because it's so old, dating back from 1997.

    I personally think the chances of your eviction are minisclule, but will that stop you worrying? Probably not!
  • deedee_3
    deedee_3 Posts: 891 Forumite
    The OR should contact your LL or his agent but in reality some will and some won't. It is wholly down to the individual OR. Ask the OR at your interview not to, especially if you are up to date with the rent and can show this and the OR has a copy of your tennancy agreement. Explain it would cause hardship if you were evicted.

    If the OR says he is going to tell the LL then write a letter putting your case. Explain you have recently become bankrupt due to circumstances beyond your control. That because of this you are now debt free and don't have any money worries so you can concentrate on paying your priority bills like the rent. Point out that you have never missed a payment. Have kept the house in wonderful condition and are good tennents. Also point out that he may not fill the house quickly if you are made to leave.and the next tennent may not pay on time or keep the house tidy.

    If the OR does say he will contact your LL then come on here and we will help you write the letter.
    Namaste DeeDee x
  • CG77
    CG77 Posts: 1,210 Forumite
    Thanks storminbalder and deedee,

    I'm still fretting about it, but feel slightly better than I did. With the landlord living so far away and rarely being in the country, it would surely be too much hassle to evict peoplewhoare paying on time, especially as he can evictusas soon as we fail to pay, meaning he really has nothing to loseby keeping us on. It's so important we don't have to move our little one again and we'll hope and pray things turn out ok.

    Oh, and if it looks like the OR's going to get in touch with the landlord, I'll defo be back on here for advice!

    Thanks again,

    CG. x
    New Year, New Me!!!
    Weight loss mission 2012 has officially begun!!
    :jLoss so far: 3 stone 4lbs:j
  • CG77
    CG77 Posts: 1,210 Forumite
    Morning all!

    I'm feeling a bit better about everything this morning. My husband called the letting agency, anonymously again, but explained we are likely to be going BR soon and asked what implications this would have. They said that they know people have allsorts of things going on in their lives, and that, to be frank, they don't care what they are as long as they get their rent. They said that if the OR did contact them, they would be obliged to inform the landlord, but that in their experience, he would have the same view as them. They said they would tell the landlord they were happy to let us continue living in the house as long as he was, and that of course, if we stop paying, THEN they will look to evict us. She said the clause is basically there so that if people are BR and don't pay the rent, they can reclaim the house quicker than if they just stopped paying rent.

    Anyway, as I said, I feel better about it now. I will still worry, especially if the OR does inform the agent, but I guess like so many things in the BR process, we'll have to cross that bridge when we come to it!

    Thank you all so much again-you've been really helpful.

    CG. x

    Oh and PS. How do I 'thank' people for their posts? Or can I not cos I've just registered-oops ignore that, I've just found it!
    New Year, New Me!!!
    Weight loss mission 2012 has officially begun!!
    :jLoss so far: 3 stone 4lbs:j
  • dux001
    dux001 Posts: 62 Forumite
    If you are paying your rent, it is *extremely* unlikely that your landlord will throw you out. They would have the right to do so, but that does not mean that they will.

    The end purpose of renting a house out is to get the rent and, hopefully, make a profit. Therefore it would not be in their interests to spend money throwing out a perfectly reliable tenant who just happens to be bankrupt, then advertise for a new one, and then take the risk that the new tenants might not be as reliable.

    Look at it with this logic, and you should be able to sleep easier at night.

    I was bankrupt in 1996 - although it's a while ago, bankruptcy was a much bigger deal then (3 years minimum for starters). My landlord wasn't remotely interested as long as I paid the rent on time.
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