private flat rent leading up to bankruptcy

22bear

hello everyone

In the lead up to my imminent bankruptcy (I'm expecting a Statutory Demand from the HMRC anyday now...just had a hand delivered letter last week informing me of this intention...but they have certainly taken their time over it..over 18 months in fact!), I will be moving city for a new job starting beginning of August..

...for my accomodation arrangements, I'll either be renting a room in a houseshare, but I have also been looking on gumtree for privately rented one bedroom flats, which to be honest I'd really prefer if that were possible to get (not many folk seems to want to share with a bald, overweight 43 year old fella, it seems!!)...I have a few questions which I hope I can get some advice on:

1) Although I have never formally been notified of any CCJs (have not checked my credit file though), I will have many defaults on my credit file (my house was repossessed in April 2009 after having to give up work due to illness the previous year and I stopped making repayments on an unsecured natwest bank loan and a MBNA credit card in 2009 also when my savings ran out...I lived abroad for a while after having to stop work and changed accomodation a few time "sofa-surfing" with various friends both in Italy and the UK..so pretty much avoided any contact with these companies and still have to this day (as i have no fixed abode for the past 3 years, I have not been on electoral register, so i think that's why...the HMRC caught up with me when I returned to the UK end of 2010 and claimed benefit before I got a job in June last year)...

..it seems that namy private LLs will do credit checks too from what I have seen on gumtree...I know that this is an impossible question to answer, but can I ask if anyone has any opinion how likely it is someone in my situation that I've described, would "pass" either a private LL or letting agency checks...assuming I secure the place before my bankruptcy? Is it possible that CCJs will have been applied for in my absence from the UK having had avoided contact with these creditors?

also, 2) assuming I manage to rent a small flat for myself, I realise that after I am made bankrupt, that the OR can inform my LL and I should check that their is not a "bankruptcy clause" in the contract...but how will bankruptcy affect my access to utilities such as electric and gas? I've heard that I could be put on a meter, but if the flat is not metered already (most aren't it seems) will I still be able to pay my utilities by monthly DD if I am rent a flat without a meter just prior to going bankrupt?

finally, 3) I know that I have 21 days to statisfy a statutory demand....does anyone have any knowledge about how long after this, that it will likely get to the bankruptcy hearing in court? I know that I am entitled to use stalling tactics...but realistically i do owe the money and I have no way of settling it other than bankruptcy so there is no point in doing this other than to give me time to secure accomodation and set up utilities DDs beforehand, if this would be advised to do this before I am officially declared bankrupt....any thoughts?

Many thanks!!

PippaGirl_2

I would think it unlikely that you would pass an agency credit check. However many agencies will consider either a provision of a Guarantor if you have such a person willing to do that with sufficient income, or payment in advance for the whole 6 months tenancy plus deposits etc.

You can access your credit file for free at www.noddle.co.uk

antonic

2 pieces of information for you to think about

1) Timescale for making you bankrupt

Depends on how busy Solicitors Office are and also maybe how much you owe - but it wont be on day 22 of the service of the Statutory Demand

2) To make things quicker why not meet the Field Force Agent who will serve the SD on you and then the following Bankruptcy Petition to get the whole process done quicker, there are ways to delay the process which I am not going to mention as I used to be involved in the service of High Court Documents for the old Inland Revenue.

22bear

antonic wrote: »

2 pieces of information for you to think about

1) Timescale for making you bankrupt

Depends on how busy Solicitors Office are and also maybe how much you owe - but it wont be on day 22 of the service of the Statutory Demand

2) To make things quicker why not meet the Field Force Agent who will serve the SD on you and then the following Bankruptcy Petition to get the whole process done quicker, there are ways to delay the process which I am not going to mention as I used to be involved in the service of High Court Documents for the old Inland Revenue.

Thanks for the advice....I suppose I could speed things up by not waiting for them to serve me with the SD, but I really would prefer that I have secured accomodation before I have to attend court for my bankruptcy hearing...I need to have found, moved and be living in my new accomodation by the 3rd August at the latest

antonic

They cant make you bankrupt BEFORE the service of the SD, but if you have a spare £750 you can make yourself bankrupt.

(It goes SD then BY petition).

That way your in control of the timescale.

22bear

antonic wrote: »

They cant make you bankrupt BEFORE the service of the SD, but if you have a spare £750 you can make yourself bankrupt.

(It goes SD then BY petition).

That way your in control of the timescale.

Sorry, I don't understand why you think it would be better for me in the circumstances that I have described to proactively seek to have my bankruptcy sooner or to petition for my own bankruptcy before the HMRC do it for me (apart from the "being in control" aspect which I get).. My original post was that I need to have secured, and have moved in to my accomodation before I am declared bankrupt, as surely it will be alot harder for me to get a suitable rental property after I am declared bankrupt...(at least then I can still answer "no" to the "are you/have you ever been bankrupt" question!!)

As I said, I need to be in new accomodation by the 3rd August, and I was hand delivered a demand letter last tueday threatening me with issuing a SD and petitioning for my bankruptcy....

....if I hurry things along as you suggested, by making contact with the field agent and inviting them to serve me with the SD ahead of the time that they might otherwise do so...or by petitioning for my own bankrupty, before I have a chance to find rental accomodation...then there is a chance that I will be declared bankrupt before I have secured a place to stay and it being much more challenging to find a rental place...so surely it these circumstances it would be better for me to wait for the HMRC to petition rather than me doing anything that would bring that BK date forward? (Can't afford the £750 anyway..I need it for rental deposit and moving expenses)...

I realise that if I am declared BK by their petition before I move then it really makes no difference either way...but at least by waiting for them to do it for me, it may allow me the time I need to secure a place to live and to set up utility DDs if I manage to find a flat rental....

antonic

22bear wrote: »

Sorry, I don't understand why you think it would be better for me in the circumstances that I have described to proactively seek to have my bankruptcy sooner or to petition for my own bankruptcy before the HMRC do it for me (apart from the "being in control" aspect which I get).. My original post was that I need to have secured, and have moved in to my accomodation before I am declared bankrupt, as surely it will be alot harder for me to get a suitable rental property after I am declared bankrupt

As I said, I need to be in new accomodation by the 3rd August, and I was hand delivered a demand letter last tueday threatening me with issuing a SD and petitioning for my bankruptcy....

....if I hurry things along as you suggested, by making contact with the field agent and inviting them to serve me with the SD ahead of the time that they might otherwise do so...or by petitioning for my own bankrupty, before I have a chance to find rental accomodation...then there is a chance that I will be declared bankrupt before I have secured a place to stay and it being much more challenging to find a rental place...

Point taken !

The other thing you need to be aware of is that some Letting Agents dont like bankrupts and you you MAY be forced to notify them of your bankruptcy AFTER you sign the lease - the reason being that they may feel you may not pay your rent after bankruptcy.

22bear

antonic wrote: »

Point taken !

The other thing you need to be aware of is that some Letting Agents dont like bankrupts and you you MAY be forced to notify them of your bankruptcy AFTER you sign the lease - the reason being that they may feel you may not pay your rent after bankruptcy.

well not paying your rent after just having being made bankrupty would be a really stupid thing to do, wouldn't it?!!

Yeah, I know that the OR may well notify the LL of my bankruptcy (to confirm tenancy agreement and rental amount for SOA)...but at least if I'm actually in the property beforehand, I can chat to the LL about my situation and see if we can come to a suitable agreement that allows me to stay there...especially as I will be most likely be going for a private LL rental as I would imagine any credit check that they may do (if any) will be under much less scrutiny that through a commercial letting agency plus they would be likely to be more forgiving

antonic

Good luck to you and I hope everything goes well for you.

22bear

antonic wrote: »

Good luck to you and I hope everything goes well for you.

Thanks!

Can anyone help me to answer the question I asked at the start of my post about setting up utility services after moving into to rental accomodation prior to going bankrupt and with a bad credit rating with multiple default on file? Anyone with any experience of this and how it works? Ta!

PippaGirl_2

I've not had a problem with any utilities to date, but I have never not paid a single utility bill in my life so I guess they know that and are reassured, might be different if you have left unpaid utilities in the past.