Living in a caravan 15 February at 8:19PM in Bankruptcy & Living With It 15 replies 1.1K views

MTDancer

Bankruptcy is looming and when landlord sold our house we moved into our caravan to minimise expenditure. 
We are registered to vote at sons house but couldn't live with him as no room.
Does anyone have experience of filing for bankruptcy whilst living in a caravan?

Galloglass

Removed ...

MEM62

I'm not so sure it matters where you live as long as you have an arrangement for receiving mail.  However, assuming that the caravan is intended as a temporary situation, you might want to consider moving before you declare BR as obtaining a tenancy immediately after being made BR is likely to be problematic.  

MTDancer

Cant get another tenancy as no money for deposit. More worried about the receiver taking our caravan as it is our only accommodation 

Minkym00

I know of a situation where a bankrupt lived on a houseboat. I believe it was classed as a home rather than an asset in bankruptcy but I will try and find out what happened with it and let you know. 

luvchocolate

Would it be classed as a family home?
Is there an outstanding loan on it?

MTDancer

No loan and, yes, our home

luvchocolate

I would think it will be treated as your family home, and as such they have 3 years to deal with it.
This is just my thought I have no experience sorry

MalMonroe

Why not contact a debt help agency? I used StepChange 0800 138 1111. They know all there is to know about debts and bankruptcy. It costs nothing and they may be able to help you.

Minkym00

Sorry, I meant to look into this for you. So far as a caravan is concerned, this would depend on the extent to which it was fixed to the ground and connected to mains services.

A ‘touring’ caravan wouldn't fall under the definition of ‘dwelling house’ for the purposes of the Act as it is mobile. A caravan could be a dwelling house if the wheels are removed and/or it is fixed to a permanent base or stabilising struts and if it is connected to mains services (e.g. electric/water) and cannot easily be detached. This would generally be called a ‘static’ caravan.

A mobile home could be a dwelling house if it occupies an area which is owned or let for the specific purpose of providing permanent occupation and has a significant degree of immobility. Generally, mobile homes are transported on lorries, rather than towed as a caravan.

Galloglass

Minkym00 said:

Sorry, I meant to look into this for you. So far as a caravan is concerned, this would depend on the extent to which it was fixed to the ground and connected to mains services.

A ‘touring’ caravan wouldn't fall under the definition of ‘dwelling house’ for the purposes of the Act as it is mobile. A caravan could be a dwelling house if the wheels are removed and/or it is fixed to a permanent base or stabilising struts and if it is connected to mains services (e.g. electric/water) and cannot easily be detached. This would generally be called a ‘static’ caravan.

A mobile home could be a dwelling house if it occupies an area which is owned or let for the specific purpose of providing permanent occupation and has a significant degree of immobility. Generally, mobile homes are transported on lorries, rather than towed as a caravan.

I'm going to disagree with this one. For licencing purposes, the site will be either be defined as residential or as holiday by the local authority. The fact the OP cannot receive mail is a strong indication that it is a holiday park with some form of break i.e. not twelve months. So it is not a "home" as defined by the LA. So far, so good.

However the IS have a different take. They consider if it is used as a home then it is in effect  a home for their legislative purposes. The fact that the OP may be in breach of using it as a home on a non-residential site is of no concern to them (though may be of concern to the licencing authority)

Would suggest to the OP he has a conversation with his/her advisers or with the IS on this point.