Help pease - need to find info on possible bankrupt owner of adjacent land......

phoebe1989seb

Hi all,

Just wondering if anyone can help me with the following please -

Next door to our house there is a property that has been vacant for some years. It was tenanted prior to our purchase of the house next to it in 2011 but is now virtually derelict (roof on verge of collapse etc) and the garden overgrown.

Beyond the small garden is a 1/5 acre (approx) plot that adjoins our 1/4 acre garden. Both derelict house and vacant plot are owned by a guy who doesn't live locally.

In 2004 (I believe) the owner applied for planning permission to build a house on the plot - he had already built four other properties by garden-grabbing behind another building he owned.

His PP application was turned down as was an appeal in 2006 - on the grounds that the new build would 'seriously detract from the outlook and peasant enjoyment of xxxxxx' (the xxxxxx being our house). Nothing has been done to the land since.

Last year we heard rumours that the owner of house and plot faced bankruptcy and we thought we would like to try to purchase the land if possible to a) add to our garden and b) prevent anyone down the line attempting to get PP to build there.

During Summer 2012 we had a visit from a man who said he was conducting enquiries into the assets of the owner as bankruptcy was imminent but that any sales of his assets would be a couple of years away. He wanted to know if we knew whether there had been any tenants in the house next door.

Earlier this year I googled the owner's name and found out the following -

'Status - discharge suspension lifted/fixed length suspension - see footnote.

Footnote - order suspending bankrupt's discharge under Section 279 (3) of the Insolvency Act 1986 until the fulfilment of the conditions as specified in the Order made by the Court and effective from 10 August 2012 to 10 September 2012.

Date of Order 11 August 2012.'

I wasn't sure (and am still not) what this meant, although fortunately I made a note of it as googling it again today I cannot find it.

Can anyone explain what it means please?

Also, a neighbour told us last week that they heard his properties were soon to be marketed by Connells - would it be worth approaching them regarding the plot of land? Is there any way we can find out if the land is to be sold and if so who could value it for us - a land agent, I guess?

Apologies for the long post/all the questions and many thanks in advance for any advice you can offer

alastairq

re--suspension of Discharge?

Normally, a personal BR receives Automatic Discharge after 12 months from petition.

However, if an Undischarged BR fails to cooperate with the OR for some reason.. the OR can apply to Court for a Suspension of Discharge.

From what you note above, this suspension has been lifted.

In practical terms, this means that, whilst Undischarged, a BR is under certain legal constraints and duties.

Once Discharged [usually after all investigations into the BR estate are completed], the BR is no longer under most of those legal constraints....but retains the protections associated with BR.


Regarding the property?

I suggest you contact either the local Insolvency Office [Official Receiver], [or whoever has been made Trustee....?] and make enquiries.

It is possible the property would be put up for auction anyway.....so investigations in this respect might be useful.

phoebe1989seb

Many thanks for taking the time to respond alastairq.

Might I ask how I would go about finding who the trustee is in this case please? Unfortunately when we were visited by the guy researching the assets of this person we foolishly omitted to obtain the details of the company he represented.......

Regarding the local insolvency office/OR, would this be based where the bankrupt concerned lives or where the property concerned is situated - as these are in different (albeit neighbouring) counties?

Apologies for the seemingly stupid questions and huge thanks again for your help

fiveyearplan

The office that dealt with my BI was situated miles away and defiitely not the nearest. I mean like several counties away.

phoebe1989seb

fiveyearplan wrote: »

The office that dealt with my BI was situated miles away and defiitely not the nearest. I mean like several counties away.

Thank you fiveyearplan.......

I have tried googling the person's name - a very uncommon one - but this brought up virtually nothing, apart from some info on his misdeeds - he's a bit of a dodgy guy, all told it would appear........I will have to dig a little deeper, methinks......

Johno100

OP can you find the individual on the Individual Insolvency Register? That will tell you which Official Receivers Office is dealing with the bankruptcy. Give them a call and they will be able to confirm if an Insolvency Practitioner has been appointed as Trustee.

http://www.insolvencydirect.bis.gov.uk/eiir/IIRNameSearchMapIE.asp

Also have you conducted a search of Land Registry in respect of the property? This will confirm the owners name and confirmation of any charges on the property.

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

phoebe1989seb

Johno100 wrote: »

OP can you find the individual on the Individual Insolvency Register? That will tell you which Official Receivers Office is dealing with the bankruptcy. Give them a call and they will be able to confirm if an Insolvency Practitioner has been appointed as Trustee.

http://www.insolvencydirect.bis.gov.uk/eiir/IIRNameSearchMapIE.asp

Also have you conducted a search of Land Registry in respect of the property? This will confirm the owners name and confirmation of any charges on the property.

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

Thank you Johno100 - I've just had a look at the Individual Insolvency Register and it gives the name of the office and of the Insolvency Practitioner. I will give them a call.

Also, we will conduct a Land Registry search, although I wasn't sure if that was possible for a plot of land that doesn't have a name or house number etc......

Thanks again, everyone has been very helpful - it's most appreciated