Tenancy agreements and then BR?

Maizy

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NeverAgain_2

The answer will lie in the tenancy agreement, which is written by lawyers, but should be in language a lay person can understand.

I think the landlord's maximum sanction would be to give notice, he cannot hold the tenant liable for rent when the tenant is not living in the property.

A landlord would be most unlikely to evict an otherwise good tenant purely because of bankruptcy, but the bankruptcy could be used as a handy excuse to evict a tenant who had proved less than ideal in other respects.

Ineedaname

This is where it can be beneficial to be totally up front with an agent about future plans, however, only you know whether what's appropriate to disclose in this instance.

I would get a 12 month contract if you can.

Even if there is a BR clause in the contract, your landlord probably won't be worried, it'll be the agents' standard contract. So make sure the landlord's address is on the contract (I think it's required to be anyway these days, not just the agent). Then, when you go BR you can give the landlord's details to the OR and contact the LL direct yourselves, bypassing the agent.

IF the worse were to happen, there is a BR clause and the agent/LL wanted you out, they still have to give you notice and then would need to go to Court to evict you on breach of contract. That will cost quite a bit of money and logic says that as long as you are still paying the rent they would be stupid to bother.

Hence suggesting you liaise with the LL about the BR. LLs mostly just want continuation of tenancy, to know their rent is paid and the property looked after. They will use an agent to manage the property to save them the hassle of being woken up at 3am about an overflowing loo! So if you can gain the LLs support to keep you in place after BR they are more likely to sway the agent not to boot you out - they could even threaten the agent with removing the property from their books...

Sorry, too much text but hopefully you get my meaning. It is still the LL in control as the property belongs to them. The LL will just want to know they will still get their money and you can confirm that, as you no longer have any debts to pay, you are in a better position than most to ensure you pay the rent.

debtinfo

as long as the tenancy is signed before the bankruptcy then any debt that arose by them kicking you because of the bankruptcy would be a debt in the bankruptcy so would not fall to you

Maizy

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Ineedaname

I hope you find out before I go away on Friday Maizy, or I won't know until the end of next week.:cool: I so hope you pass and this works out for you.:)

sillygirl73

Maizy, good luck with the credit checks.......like I said on your other thread, never say never! We passed the checks with half a dozen defaults between us and a credit score that was extremely low. Stay positive and the others are right.............don't worry about the what ifs. We plan to go BR in the spring when we have the fees and have a BR clause in our tenancy agreement.........by then we will have been here nearly a year so will be upfront with our LL nearer the time. Just need to make sure we are model tenants!!

Maizy

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Maizy

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NeverAgain_2

Pleased to hear you have the house, you can now move your situation forward.

Assuming bankruptcy is now what you definitely plan to do, there's not much point in offering nominal amounts to creditors.

No point in paying any of them any more money, there's nothing they can do between now and BR.

Better to keep your money for the fees, moving expenses, even treat you and the family to a proper dinner.

By the way, at which high street will your backside be shown?

I don't get that much excitement of that sort these days, so I'd like to join the audience.

Ineedaname

Yippeeeeeeee!:j:j:beer::j:j

You must be in shock Maizy but try to remember to have a drink tonight. This is the start of moving forward for you and your family.:D

I agree with NA, no point entering into discussions now or offering nomimal payments. Just cancel all the debt DDs, get that Co-Op/Barclays basic account open and save like mad.

If any creditors ring you then you could ask them to give you a few weeks as you're awaiting an appointment with the CAB to go through your finances. That can help stop them calling sometimes so worth a try.

When you move just don't bother sending change of address to them. That will stop a load more letter and phonecalls.:)