got my date (updated with my experience)

cd02

finally made my appointment to declare myself bankrupt.. 6th March 2006.

was looking all good as well until my letting agency is now saying my tenancy might not be safe if i got br.. getting mega nervous now and really don't know what to do.. any ideas ?

IN_LIKE_EVERYONE_ELSE!

How did your letting agency find out?

Surely if you can afford the rent now you can afford it post bankruptcy? Rent is a legitimate expense.

Good luck.

Addicted2Chocolate

if it is a private rental the OR is under legal duty to send Notice to Landlord letter. So the landlord would normally find out from the OR.

cd02

yup, cab advised me to tell them in advance.. which i did ages ago, it was ok'd over the phone but now i'm asking for a letter to confirm it they're changing their mind..

im1dful

Addicted2Chocolate wrote:

if it is a private rental the OR is under legal duty to send Notice to Landlord letter. So the landlord would normally find out from the OR.

I'm not sure that you are correct. I know that there have been cases where I haven't sent it out.

Of course I could be wrong, I'll look it up in Sealy & Milman tomorrow.

Having said that, it is very rare for the OR not to send it out and you have to have a very good reason.

Addicted2Chocolate

Yes there are cases where i have not sent it out,. but strictly speaking it has to be sent out. The Insolvency Service Technical Manual (available from insolvency.gov.uk) confirms this: Chapter 4, Initial Enquiries, Initial Notices and letters ' quote
4.49 Landlord

The landlord of any premises occupied or rented by the bankrupt. Where the landlord has taken back possession or intimates his intention of levying distress, reference should be made to Chapter 9, part 1.

I have looked it up in Sealy and Milman and cant find a statutory requirement to give notice to landlord... maybe it is an insolvency service organisational requirement?

im1dful wrote:

I'm not sure that you are correct. I know that there have been cases where I haven't sent it out.

Of course I could be wrong, I'll look it up in Sealy & Milman tomorrow.

Having said that, it is very rare for the OR not to send it out and you have to have a very good reason.

cd02

well just 1 week and 1 day to go and now i'm s***ting it..

really don't know what to expect and really not looking forward it to and with my accommodation looking unstable now, really not a happy bunny..

mom23

cd02 wrote:

well just 1 week and 1 day to go and now i'm s***ting it..

really don't know what to expect and really not looking forward it to and with my accommodation looking unstable now, really not a happy bunny..

Hi i went bankrupt (declared ourselves br)about 13yrs ago (i know things might of changed) but i can remember the landlord turning up on my doorstep with a letter from or (we had never been in arrears with rent ) and when i explained that it was a matter of course he was ok and i had no further problems , this was the same for gas/elecric although i was not in arrears they insisted i had a payg meter put in!
good luck and try not to worry you will feel as though a weight has been lifted from your shoulders!! !i don't know your full details but it will not be as bad as you imagine.

cd02

can anyone confirm.. if you've got an tenancy agreement and there isn't a claus in it regarding br then there's nothing the landlord can do ?

Addicted2Chocolate

yes, unless their is a clause that specifies bankruptcy as resulting in forfeiture, then the landlord cannot evict you just because of the bankruptcy. Of course the other consitions of the tenancy continue to apply, like not getting into arrears.

cd02

lets just hope they're not going to evict us due to selling up.. i'll cross me fingers.

thanks for the info.