Rental accommodation and Bankruptcy

beckythebear

Hi there I am after a bit of advice:

We are about to move into rental accommodation from the advice of the CCCS and then file for bankruptcy. We have negative equity in our current house.

I am worried however about rental agreements, I have not been able to look at an agreement from the company we are going to be renting from but I know sometimes there is a clause where if you go bankrupt they have the right to evict you. From your experience how likely is this?

Also does the OR have to let your landlord know?

Thanks in advance

Becky

funkymonkey

it is very unlikey hat they will even find out! - i have rented now for 4 years and apart from the initial credit check when you move in - they dont check again.

so unless they see your name in the paper - you wont get found out. Also as long as you pay your rent they really dont care in most casses.

CLAPTON

your landlord won't be informed unless of course he was a creditor of yours (i.e. you owed him money that was part of the bankruptcy).
it will be published in the local papers which means he may find out....but if you are paying the rent ok he probably wont care anyway.

beckythebear

Oh thanks everyone that's really a weight off my mind. I would rather move into a rented house now as I don't think we would be able to rent very easily if we were bankrupt and then tried to rent. We have a 2 yr old daughter so I want her to remain settled as soon as possible really.
I was under the impression the OR told your landlord but if they don't that's great.
Thanks!
Becky

Addicted2Chocolate

sorry but i disagree with other posts. I work for OR. we do not infomr local authority or housing assoc landlords but we do always inform private landlords. we ask for confirmation of current rent , if any arrears, and copy fo tenancy agreement.
Most tenancy agreements do not have a clause about bankruptcy, minority do. It would be under the forfeiture clause.

beckythebear

Thanks addicted2chocolate - we are going to be renting from a company though so would they be told?
Thanks
Becky

beckythebear

Does anyone else have any experience on this matter?
Thanks
Becky x

saver_sam

My OH did some mortgage counselling or went to court for a mortgage possession hearing for someone that was going bankrupt and the only thing they said was going to be difficult when being bankrupt was to have a big enough deposit, as some landlords require more when you are in that situation.

Addicted2Chocolate

you have to put your landlord's name and address in the statement of affairs, question 8.2. the notice to landlord would be sent to that name and address. The OR may also ask you to supply a copy of the tenancy agreement, s may send to the landlord address shown on the tenancy.

CLAPTON

my apologees beckythebear, Chocolate (love the name) is absolutely correct and I was incorrect... while its not inevitable that the OR will inform the Landlord they may consider it necessary.
But as said the landlord normally is concerned about whether you pay the rent on time.

beckythebear

OK well my next step then is to check the rental agreement tomorrow to see if it includes a clause re bankruptcy.
Thanks for your help
Becky