Queries re: tenancy and BR

brightonbelle62

Hi again, thanks for your help so far, much appreciated.

I have an appointment this Friday to file for BR. My query is- I have a council secure tenancy but I also have rent arrears of approx £500. Obviously I cannot run the risk of losing my tenancy but at the same time I don't have the money to pay the arrears off before Friday. How would I deal with this? Does anyone know if my tenancy will be affected? What if the arrears go into the BR - will I lose my home??

Thanks to anyone who can help:eek:

fiveyearplan

I hope someone else comes along with a more definitive answer but I think your arrears can be included in BR and your tenancy will be safe. Please can someone confirm or correct me???

Waspeze

Not something I know about but had a little search and found these two threads
http://forums.moneysavingexpert.com/showthread.html?t=831693

http://forums.moneysavingexpert.com/showthread.html?t=659979&highlight=council+rent+arrears+bankruptcy

From what I can see, from reading those threads, if they turf you out then you'd be homeless so they'd have an obligation to re house you so seems a little pointless...



Could you call the council anonymously?

brightonbelle62

From the info in those links (thanks) it looks as though my tenancy could be in danger. I have had a notice served on me which lasts for a year but no court action has been taken and won't be as long as I stick to the agreed payments. Difficult at the mo! AFAIK if I'm made homeless through bankruptcy theres a strong chance I could be found intentionally homeless and not be rehoused. Where would that leave me??

I would phone the council but don't have any confidence that they know what they're talking about - I've already been told I can't have repairs done till my arrears are paid and I don't think that's true.

Can I just not put the arrears on my soa or is that not allowed?

skylight

As you have had a notice served, I understand that is different.

You can include the arrears in your SOA if your home is at risk if they are not paid. You need to clarify this though.

The council will not evict you just because you are bankrupt, but perhaps call Shelter for excellent advice about all housing matters (inc the repairs one - essential repairs MUST be undertaken anyway I believe, such as heating/gas/water etc).

Sunk

I can only speak from experience, went I went BR I was 350.00 in arrears with my rent with the Housing Association.
I went to see my housing officer explained I had gone BR & we set up a plan for me to pay a little extra each month to clear the arrears.
I did not include arrears in my BR.

Rylynn

How does that stand with the OR as you are paying off one creditor, is that not preferential treatment if debts.

Phone Shelter as suggested as I am sure they will know.

If you have been served a notice then the OR can find that out can't he and then ask why you have not included it as it is a debt you owe at time of going BR.

Sticky situation, but as has been said if they make you homeless surely they have to re house you? I get what you say about making yourself homeless as you are going BR but if you have no other choice it would seem very harsh to simply throw you out.

Are the other laws around owing rent which the OR deals with in another way.

Once you have lost the other debts hopefully you can repay the arrears quicker, but I would check this out before Friday.

Rylynn

skylight

The council would not have to rehome you as its classed as intentionally homeless. Unless you have kids, then they have a duty of care to the children, but rehoming under an emergency or such as this would be hostel style accommodation and not a permament new home.

Anneswitterings was paying off arrears within her BR as she had had some sort of court order about the debts . It was a small amount a week she paid and as her home was at risk, the OR allowed it.

Everything is at the ORs discretion. If you lose a council property at £400pcm plus £50pcm arrears and forced to move into private accommodation at £800pcm, thats a huge £350 loss towards any potential IPA.

Rylynn

So it may be better for the poster here to have an agreement set up and hope the OR accepts that so that the person is not made homeless which would incur more money, ie deposit and possibly more rent to pay out?

Sunk

I should have clarified, the OR was aware I has arrears with rent & I was not including these on SOA.
The OR like me saw the landlord not as a creditor but as a landlord, if that makes sense.

Sunk

Rylynn wrote: »

So it may be better for the poster here to have an agreement set up and hope the OR accepts that so that the person is not made homeless which would incur more money, ie deposit and possibly more rent to pay out?

You got it Rylynn.