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help with tennancy security

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Comments

  • tbs624
    tbs624 Posts: 10,816 Forumite
    if someone has a rental property with no mortgage, they shouldn't be going bankrupt. They could simply raise a mortgage on the rental property to pay off the debts and avoid bankruptcy.
    .

    You're assuming that the total debts are less than the value of the property.......might not be the case.

    Clare - write to the Landlord, thank him for being honest with you about his situation, and say that you'd appreciate him clarifying in writing what this means for your tenancy.

    Once you know, take his response and a copy of the Tenancy Agreement to an advice worker at the CAB or see your local Council's private tenancies officer.
  • bryanb
    bryanb Posts: 5,034 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Debt free chick If you look at post 2 you'll see that I was also asking a relevent question.
    This is an open forum, anyone can post and I just did !
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    "OP says "" I have just under a year left on my tennancy agreement with him" - this is most unusual if you have already lived there for 6 months - i have never heard of an 18 months Tenancy Agreement. If the landlord is repossessed because he cannot afford to pay his mortgage and is in arrears, then, you will most definitley NOT be allowed to stay until the end of your 18 month agreement - in spite of earlier advice given - Lenders can, and often do, kick tenants out if they are repossessing the property.

    Firstly, as others have said, i would get clarity from your landlord, but - rather than face several more months of uncertainty and stress, i would just find somewhere else to leave and ask your LL to let you go early.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    clutton wrote: »
    "OP says "" I have just under a year left on my tennancy agreement with him" - this is most unusual if you have already lived there for 6 months - i have never heard of an 18 months Tenancy Agreement.


    An AST set up after 28 February 1997 can be for any length of time the landlord wishes to offer, or it could be that the original tenancy was for 6months and has been renewed for another 12months.
  • Generali
    Generali Posts: 36,411 Forumite
    10,000 Posts Combo Breaker
    It's worth looking into whether your deposit was protected - if it wasn't and you sue then the LL is fined 3x deposit and that money goes to you.

    My belief (and you should check this as I'm not certain) is that a fine is one of the things that is high on the list of things that the official receiver will find the money for so you may get your deposit back, even if it's not protected.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""An AST set up after 28 February 1997 can be for any length of time the landlord wishes to offer""

    no it can't - an AST cannot be longer than 3 years

    all i was saying is that 18 for a Term is most unusual
  • tbs624
    tbs624 Posts: 10,816 Forumite
    You're absolutely right Clutton, I should have made that clearer :smiley:
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