I'm about to go bankrupt

futurefree

Hi again holidaymad, how long do charis take to decide if they will give a grant for the BR fee? my court date is 21 march.
Thanks

Ineedaname

It might be worth signing up to a new AST now, before you go BR. As your previous AST had no BR clause the new one probably wont either. This would give you security for the 12 months you are BR at the very least.

If the life insurance policy payout is more than what you owe then I believe the OR would only take the debt amount, the remainder would go to your beneficiaries.

futurefree

Thanks, but do you know if they would view it badly if I cancelled the policy now?

Ineedaname

I've no idea on that one, sorry. Hopefully someone who knows will pop along shortly.

Don't forget to protect your tenancy! A 12 months AST signed now will keep you safe, otherwise your landlord could give you two months notice without reason if they didn't like that you have gone BR.

HOLIDAYMAD_2

Apologies i did put a amendment in my post, but then lost it.

1. In my advise i referred to a S21 notice which can only be obtained for an end of tenancy, not rent arrears or nuisance or any other reason.
.
Ground 8 for possession is for 8 weeks rent arrears and above, and the way out of that one is at court you bring the arrears down to under 8 weeks, ie 7 weeks , it is also at the judges discretion whether on ground 8 he gives possession and how he deals with the arrears this ground is one that can be defended.

Where as if a s21 notice is valid and beleive me many are not there is no defence to bring the tenancy to a end it however has to be in a prescribed form and meet the conditions.

AST's that roll on beyond a fixed term are periodic, giving a tenant a new tenacy does not change that unless there is a break clause- and if the tenancy has been broken , then a non rent period will have been applied , as i said most notices are incorrect because people get confused as to what they think is legal and valid, tenure is highly complex so hense the importance on receipt of any notice seek advise, and id suggest shelter free phone help line they are more experienced with tenacy issues than CAB and are highly effective.

Charis - can be done online or a paper application , you cannot contact them, once you have sent in your application they send a form for you to get a money advisor to sign and the process should take 6 weeks.
Charis will help with many things not just BR fees, ie paying off a utility debt to assistance with essential goods to furnish a home ie if you have become homeless.

I would say a application is less likley to be successful at the end of the financial year as likley that the pot is empty, as ive said they will assist with many things, in my case by applying it has stopped warrant action for disconnection of the elec supply as they contacted the collections team, if im declined that would allow the warrant to proceed, so it can give you some buying time as well.

Charis site tells you all the people that fund them and my understanding if you are a customer of those associates you can apply.

I would do exactally as i did and contact your supplier if you owe then money and ask the question once the debt is in the pot of BR can you still keep your account , if you have someone that will pay it off that is great , however i will say i have found British Gas to have been very helpful and ethical in their approach with myself, something that EDF wont or wouldnt consider, so i would rather have my debt wiped with BR for EDF and then go down the route with Bgas and paying a 120 secuirty for the utility.

My opinions on the above only- not legal advise

HOLIDAYMAD_2

This is wrong- advise


Don't forget to protect your tenancy! A 12 months AST signed now will keep you safe, otherwise your landlord could give you two months notice without reason if they didn't like that you have gone BR

There has to be a natural break, it there wasnt , landlords and all sorts would have a massive advantage.

futurefree

Thank you both

futurefree

Hi, just seen your recent post,
I had a 12 month ast from dec 09 to dec 10 then from dec 10 I let it go on to a periodic tenancy which is what I have now. I had'nt thoought about the tenancy theres been so much to do with the br forms ect.
so now after reading posts if i ask the landlord to go on to a 12 month ast is that possible now?
thanks

HOLIDAYMAD_2

no because its a break clause that is needed, just leave it be, if they serve notice it will takes months before a warrant is obtained and i doubt they will want to go down the court route to evict you.
and you dont leave until they have got one.
if they are a commerical landlord they will want a good tenant.
If you are unsure please ring shelter and ask them the legaility of your tenancy and issuing of a notice.

im going to put a post on asking whoes landlords and lenders were contacted and what was asked and what district did they come into as different areas may ask more probing questions.

HOLIDAYMAD_2

just wanted to add that your deposit must also be in a government scheme for all tenancies that started after April 07 if it is not the notice becomes immediately invalid.
Very stong case law on this of recent, and massive implications for landlords

As i said earlier its not a case of just restarting a AST, as there would have to be a break clause, and non rental period , original deposit would have to be taken out of the bond and then placed back in etc etc, just remember get the relevant advise.