Housing association arrears

07Rogers

Hi I have decided to go bankrupt and I am after a answer to something? I have about £900 in arrears and the housing association decided to take me court, so have been to court and they granted a suspension order and also have got court costs added.

Are the arrears included in the bankruptcy and written off and will the council tax arrears I got also be written off in my bankruptcy.

debt_doctor

Hi,
To take the last thing first, your council tax arrears will be written off in your bankruptcy as will any future instalments for the remaining financial year.

The rent arrears and costs are also written off in your bankruptcy - however - you are under a Suspended Possession order (SPO) so have to contribute the full rent plus the agreed amount of the arrears each week / month.

If you are leaving the property then nothing to worry about, but if you intend to stay you will have to continue to pay in accordance with the SPO to avoid action by the landlord. If you breach the SPO your landlord can apply to court for a warrant to evict you from the property.

This seems like taking action for a bankruptcy debt - but it isn't - it is the landlords remedy against the property.

DD

maxmycardagain

I thought council tax and student loans were the only things NOT included in a BR?

07Rogers

Hi thank you so the arrears will stay then I guess if I continue to pay, out of interested how long does the suspension order last as I never asked the judge

debt_doctor

maxmycardagain wrote: »

I thought council tax and student loans were the only things NOT included in a BR?

Council tax has always been a bankruptcy debt - more so in the last couple of years as now the full year becomes a BR debt without missing any payments.
Debts NOT included are (hopefully I won't miss one!) Student loans, social fund loans, debts incurred through fraud, court fines, debts incurred from a personal injury claim. Child support.
DD

debt_doctor

07Rogers wrote: »

Hi thank you so the arrears will stay then I guess if I continue to pay, out of interested how long does the suspension order last as I never asked the judge

The SPO lasts until the debt is paid off - even then it is not automatically discharged, you would have to apply to court to get the order discharged - if you wanted to.
You don't HAVE to apply to have the order discharged once all the arrears are paid, nothing will happen providing you don't fall in to arrears, but, if not discharged, it will be there forever so if you miss a payment years after the debt was paid off the landlord can still rely on that original SPO to issue an eviction warrant.
Even if someone gets an eviction date, there is still a process to suspend the warrant - which is hopefully something you wont need.
DD