We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

More debts, Help!!

Hi All,

I went bankrupt in Nov 2014. I own a flat with my partner which we don't leave instead we rent a house.
The flat is in negative equity and although rented out it just covers mortgage and management fees. I'v recently received a bill for £4000 from the management for apparent essential works to the property. Ive let them know my predicament and was told that if i don't pay the bill within the by March they will have to seek legal action in the form of a CCJ.

I don't know what to do. The OR has interest in my property for the next two years I think.

Please help

Thanks Red

Comments

  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 18 October 2015 at 9:23AM
    Hi,
    This post confuses me a little.
    Was this property the family home of yourself, spouse / civil partner or former spouse / civil partner on the date when you went bankrupt?
    If not, then all of the rent should have been collected by the trustee. This of course normally makes mortgage payments impossible and the property becomes re possessed.
    Has the Trustee released their interest in the property? If not, then they have landlord responsibilities (which they hate, and normally avoid at all costs)
    You mention the '3 year rule' - this only applies for the family home as I described earlier. Other properties can be claimed by the trustee without time limit, whenever they may become profitable to sell.
    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Red_13 wrote: »
    Hi All,

    I went bankrupt in Nov 2014. I own a flat with my partner which we don't leave instead we rent a house.
    The flat is in negative equity and although rented out it just covers mortgage and management fees. I'v recently received a bill for £4000 from the management for apparent essential works to the property. Ive let them know my predicament and was told that if i don't pay the bill within the by March they will have to seek legal action in the form of a CCJ.

    I don't know what to do. The OR has interest in my property for the next two years I think.

    Please help

    Thanks Red
    Stop paying the mortgage and let it be repossessed.

    Are both you and your partner bankrupt?
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Thank you for your replies. The Flat is not our family home, my wife and I bought it 7 years ago. We lived there for three months then moved out. Its been rented out ever since. We have no other properties. The Flat rent covers mortgage and maintenance fees, so I make nothing from it.

    My wife has not gone bankrupt but has no savings and is a housewife so has no income.

    I was told by my OR that I had to keep paying mortgage and collecting rent.

    I really don't know what to do, the flat has caused nothing but heartache and problems.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    So, The OR (trustee) has forever to deal with the property. I'm still surprised at the rent although you wife should be able to retain her half of the rent.
    Could you wife go bankrupt?, and then you could simply let the flat go (you would need to give the required notice to your tenants). Any shortfall from the possession / sale would become part of both of your bankruptcy's as they were liabilities incurred prior to your bankruptcy's.
    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.