S21 Question

RRWJ

Hi all,

Just hoping someone can give me the definitive answer to this question.

If a tenant goes bankrupt with no rent arrears, they're in an AST which doesn't expire til september, and the LL decides on the bankruptcy they want the tenant out, am I right in understanding that no matter where the s21 notice is served in the tenancy agreement, the earliest the LL could get the tenant out is when the lease expires?

Or have I got that totally around my ears?

TIA!

N79

Your understanding is correct - T going bankrupt is not one of grounds on which a LL can seek possession.

RRWJ

Unless they have rent arrears in which case LL can get a s8 order from law of property act 1925. But that requires going to court...

We pay rent before it's due every month. It's standing ordered out of my account straight into hers and we've never missed a payment. But I'm in my finals of my degree soon, and the last thing we want is to be having to find somewhere else to live in the next 2 months, along with my exams and the other half having to file for bankruptcy.

I thought I was right and we were secure until september, but I just needed to check. There's a lot of waffle surrounding the facts in property law textbooks!

Ta!

silvercar

Why would a landlord want to evict a tenant with no rent arrears, just because they went bankrupt?

RRWJ

silvercar wrote: »

Why would a landlord want to evict a tenant with no rent arrears, just because they went bankrupt?

There's a clause saying they could do it in some ASTs. I would hope that business sense would kick in, but old prejudices and misnomers still float around re bankruptcy. *shrugs* I just wanted to make sure i knew our position.