Landlord (private) has gone bankrupt, who owns?

Guest101

TonyWanKenobi wrote: »

Ok, thanks everyone for the replies. We just like to know where we stand as the landlord is probably witholding some things and the bailiffs (on behalf of the creditors) are probably bending the truth to find information.

So as I understand, either party can tell us to leave, but only the creditors can make us pay rent, and if we were to pay to the landlord from today, it would have to go to the creditors? Until all is resolved

Thanks again

NO NO NO!




1: Only your LL can evict you, the point about the official receiver doing so was incase they sought possession of the property, you've clarified that isn't the case as they've placed a charge on the property.


2: No the creditors cant make you pay rent. No-one can make you pay rent.


3: If the intention was to create a tenancy, despite the lack of rent payments, but in exchange for services in kind (given the state of the property the rental value would be virtually nil), then you have a tenancy (duration unknown) and only with your agreement can the terms be changed.


4: The rent would go to the LL, as you have not been officially notified by the receiver that rent is to go to them.

G_M

As Guest says:

* the OR has not taken ownership or possession of the property, so the OR is not your landlord, and has no relationship with you. The OR therefore cannot evict, request rent, or anything

* the 'bankrupt' owner/landlord still owns the property so is still your landlord. It's unclear if you are a tenant, or a guest, or what (fine legal distinctions) but that is a matter between you and the LL (or the courts if you dispute it).

* If you are a guest ("Excluded Occupier") the LL could evict you easily. Or could ask you to become a tenant and pay rent (you could agree, or refuse & risk eviction)

* if you are a tenant, the rent cannot be changed without proper process (see:Rent increases: ) and you cannot be evicted without proper process (see:Ending/renewing an AST: )

TonyWanKenobi

Ok, so really all I need to see is proof that the charge has been/ will be placed on the property. With this in place essentialy we go on as before.

The only thing that seems weird is that the bailiffs for the creditors are acting as if they will end up with possession of the property i.e. they are pessitantly asking how much rent we pay, which is nothing, and whatever we do pay not to give a penny to the LL.

I think maybe I should speak to the creditors, as they dont mind speaking to me, and confirm the charge on the house to see who exactly is giving us the runaround

Guest101

TonyWanKenobi wrote: »

Ok, so really all I need to see is proof that the charge has been/ will be placed on the property. With this in place essentialy we go on as before.

The only thing that seems weird is that the bailiffs for the creditors are acting as if they will end up with possession of the property i.e. they are pessitantly asking how much rent we pay, which is nothing, and whatever we do pay not to give a penny to the LL.

I think maybe I should speak to the creditors, as they dont mind speaking to me, and confirm the charge on the house to see who exactly is giving us the runaround

FGS there shouldn't be any bailiffs! You don't know who you are talking to.

TonyWanKenobi

The company we are talking to are working on behalf of the creditors. I call them bailiffs as when you go to their website they essentialy are.

They have not come round looking for possesions to sell, like regular bailiffs would, they just seem to be gathering information for the creditor. Who lives there? what are their ages? what rent is paid? is there an official tenancy agreement etc. They were the ones who gave us the bankruptcy information on the LL.
So far we have only dealt with them on the phone. The only visit we have had was when a representative from the creditor came round to essentialy see if anyone was living in the property and who. This was the initial visit that set all of this off.

Guest101

TonyWanKenobi wrote: »

The company we are talking to are working on behalf of the creditors. I call them bailiffs as when you go to their website they essentialy are. - Doesn't matter if they work for the queen! If he's bankrupt, they speak to the RECEIVER. oh and 'essentially are' is meaningless.

They have not come round looking for possesions to sell, like regular bailiffs would, they just seem to be gathering information for the creditor. - the creditor needs to speak to the receiver. That's it. Who lives there? what are their ages? what rent is paid? is there an official tenancy agreement etc. - so you are happy to give this information to strangers? They were the ones who gave us the bankruptcy information on the LL. - Bankruptcies are public, I could've done the same thing!
So far we have only dealt with them on the phone. The only visit we have had was when a representative from the creditor came round to essentialy see if anyone was living in the property and who. This was the initial visit that set all of this off.

Personally my default position is 'foxtrot oscar' unless I know exactly what you are talking about - when answering the door.

TonyWanKenobi

Just to clarify if i am confusing people

The creditors specifically deal in bankruptcy, insolvency, IVAs etc. There nearest office is in London, we are not.

The debt collector, which has its official business listing type as Bailiff, is who have been contacting us since the initial visit by the creditor. Their nearest office is about 15 miles away.

The LL confirmed both these companies as to who he has dealt with.

RAS

If the LL is bankrupt, then both the creditor and the debt collector should be talking to the Insolvency Practitioner not you.

I suggest you ring the IP and have a chat with him/her asap.

TonyWanKenobi

Ok thanks, I think the best thing I can do is call them up and get a full picture. Its obvious from responeses to my initial post I dont have all the information but at least I have a bit of background now to understand what they are going on about.

Thanks again for all the replies

Guest101

TonyWanKenobi wrote: »

Just to clarify if i am confusing people

The creditors specifically deal in bankruptcy, insolvency, IVAs etc. There nearest office is in London, we are not.

The debt collector, which has its official business listing type as Bailiff, is who have been contacting us since the initial visit by the creditor. Their nearest office is about 15 miles away.

The LL confirmed both these companies as to who he has dealt with.

Just to clarify, (no offence here btw) you are confused.


Creditors typically don't deal with bankruptcy's, insolvency, IVAs etc. That's a terrible business model.


Creditors are people owed money, a company isn't going to buy the debt of a bankrupt person as there is literally almost nil chance of getting anything back.


The debt collector (who may or may not also be a bailiff, much like anyone can have two titles) will not ever waste resources gathering intelligence when there is a bankrupt person to chase. It's totally useless.