will this be included in BR

Tumbledown_Tammy

Time liine

May 2011 Dan and Ann sign a 6 month AST tenancy and there £485 deposit is put into Tenants Deposit Scheme, AST tenancy rolls over a periodic tenancy.

April 2012 due to work commitments Dan gives Landlord the one months notice to end joint tenancy and transfers deposit to Ann.
And signs as guarantor for Anne for 6 months only

May 2012 Ann signs new 6 month AST tenancy with Landlord, on 18th June 2012 Ann is offered a council bungalow which meets her health needs.
Discusses early termination of AST tenancy with Landlord and he finds new tenants to take over on 1st August 2012. Fine ok meanwhile

Ann's husband from whom she is not yet divorced declares himself Bankrupt so all joint debts mortgage loan etc now fall due to Ann.

Ann has been told to goBR too and can do this 4th July 2012 problem is there is a rent payment due to landlord on 1st July 2012 and the advice given is that she should not pay this as it looks like preferrential treatment over other debtors especially as she is now in her council bungalow and this rent payment was not to keep the roof over her head anymore was just last rent payment to keep her Landlord happy as he found other tenants etc.

Morally she wants to pay this last months rent..should she as this money would go a long way towards BR fees. Etc


Also although there are new tenants on the horizon if they pull out and not take the place will the rent due by Ann be put into BR or will this be a new debt as if the BR is stamped on 4th July will she still be liable for Aug Sept Oct Novs rent? Or will it fall in to BR and can
Landlord chase Dan as he acted as Guarantor for 6 months

Sorry this is a bit complicated, the ex husband just went BR out of the blue, there was to be a financial settlement in the future for Ann now there is nothing, well there is after BR a debt free new life..

Hopefully someone can clarify Ann's position
Also there is a BR clause in tenancy agreement that if tenant goes BR Landlord may seek possession of property is that good or bad?
X

debtinfo

well if ann goes bankrupt then any liability for her future payments will be a bankruptcy debt so she wont have to pay anything.

If dan is still the guarantor then he will be liable for any payments under the terms of the contract

NeverAgain_2

I agree paying the last month's rent to your previous landlord 'just to keep him happy' is not a good idea.

You mention a bankruptcy clause in the tenancy agreement - which agreement is this?

If it's your previous one, it matters not because the landlord already has possession.

You say you are now in a 'council bungalow', as a social landlord, I doubt the council will throw you out just because you become bankrupt.

Tumbledown_Tammy

Yes Ann is in her bungalow, think she just wanted to not mess the Landlord around as he has been decent with her throughout all of this, if the ex husband had not gone Bankrupt and all the debts falling to her then things would ha e been different, hey ho life has a way of making you see your priorities, unfortunately now Dan is going to be the one picking up some unwelcome news re bieng the guarantor, though if the new tenants go in on 1st August 2012 the Landlord can keep the deposit in the deposit scheme.

Just checked with the deposit scheme and it is still in Dans name so he will release that to Landlord for 1st Julys rent and fingers crossed new tenants move in 1st August so things look hopeful and Anne can use the money she had for Julys rent tp put towards B R fees, sounds simple enough though things don't always go so smoothly in Ann's life:rotfl:

Let's just see what happens now, thankfully he had agreed if new tenants could be found the tenancy could end....just awaiting feedback fromLandlord re Dans proposals of him accepting deposit money for Julys rent so no one loses out...still could go wrong.

So Anne can skip downtown the court and confirm her BR appointment date with her fee money in place

Bankruptcy clause was in old tenancy agreement not new bungalow one, the council are fully aware of Ann's financial situation ..

Now begins the form filling, time to scout round for info on that.


T

Tumbledown_Tammy

lLandlord wants 1st July rent now, ethically Ann wants to pay it, but that then means no BR fees also means she has favoured one creditor over another I think.

Another clangerr is she had a £500 loan from Provident to pay Junes rent payment,then got offered this council place..and has only paid 2 payments on this plus signed for a new settee and chair with DFS for her new place.

She has BiPolar and has run amuck with her finances...all in all the OR will be slapping her with a loooooooong BRO/U possibly or could the OR reject her BR applicants on?

Brighthouse now want there fridge freezer cooker and tv back and DFS won't be getting there first payment on the 21st...so empty place for her but lesson learned I think.

Any ideas how an OR is likely to react....


t