After bankruptcy ex is running up arrears/leasehold fees on property

futurefree

Hello

I went Bankrupt in 2011 after years of stress when after splitting with ex he refused to sell property we had joint mortgage on. He stayed in the property but ran up huge arrears while I rented a place for me and my son.

I received a letter from the mortgage lender recently saying that they had been contacted by a property debt collection company chasing money under the terms of the lease (its a leasehold flat). The flat has a maintenance fee due each year.

He has not been paying this maintenance fee and now it has built up to £1,500.

He is still in the property now, it has arrears and negative equity but the lender will not repossess because he strings them along with arrangements to pay which is kept for a few months then starts missing payments again.

I know from this forum (incredibly helpful!) that the actual mortgage debt should eventually fall under my bankruptcy because I included the mortgage in my petition BUT this maintenance fee is a new thing.

I dont have anything to do with the flat haven't for years, ex is living in it he is failing to pay the leasehold maintenance fee but they are sending me copies of the letters chasing the fee payment.

As it is connected to this property which still has my name on it will the maintenance fee come into my bankrupcty? It was not an actual debt at the time I filed. It is a new debt now but its the ex who is building it up.

I dont know what to do. If anyone has I would be grateful for some information.

Many Thanks

fermi

Yes, your liability to pay this was discharged by your bankruptcy.

A bankruptcy debt as defined under Section 382 of the Insolvency Act 1986.

“Bankruptcy debt”, in relation to a bankrupt, means (subject to the next subsection) any of the following—

(a) any debt or liability to which he is subject at the commencement of the bankruptcy,

(b) any debt or liability to which he may become subject after the commencement of the bankruptcy (including after his discharge from bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy,

And when you were discharged from bankruptcy, you were discharged from this liability as well.

Some companies are just ignorant of that bit of law.

Some companies know it full well, but try it on anyway hoping that you don't know.

futurefree

Thank you so much for that Fermi.

Relief! You lot are great on here. Cheers