Rent Arrears On Bankruptcy Form??

DisillusionedAnna

Hello

Can I include my council tenancy rent arrears and council tax arrears on my bankruptcy list of lso would this affect my tenancy.
Any input on this would be helpful

Anna

philnicandamy

Council tax up to the date of bankruptcy is included in the BR.
Here we go.
http://www.insolvency.gov.uk/freedom...art6/part6.htm
40.101 Council Tax
Each District Borough Council levies and collects a tax, called a council tax. which is payable in respect of dwellings in its area. The occupiers of the dwellings have joint and several liability for council tax.
Council tax is charged on a yearly basis from 1 April each year [note 1] but the liability to pay council tax is determined on a daily basis [note 2]. The billing authority is required to make a demand for payment of the council tax separate to the notification of the amount of council tax and the tax becomes due when that demand is made but most council tax payers agree a statutory monthly payment scheme for payment of council tax [note 3]. Any amount due and unpaid under the instalment agreement prior to the insolvency order is an unsecured debt in the proceedings [note 4]. If the bankrupt's council tax is up to date under the installment agreement at the date of the bankruptcy order no amount is provable in the bankruptcy as it relates to future occupation of the dwelling.

DisillusionedAnna

HI
thank for clarifying the council tax part of my question

can I include rent arrears in my BR petition, Im worried now that I have faced up to my debts I now need to know if rent arrears can be added on.
im expecting to be hauled in front of the tenancy lady anytime to be told they are considering eviction due to these arrears.
i handed in my housing benefit/council tax benefit application this morning so await the outcome of that but I owe £450 in rent arrears, I have fears of being turfed out in the street by baliffs.
any advice would be helpful

anna

betterlatethannever

Hi DA.
theres some very useful info HERE written by Wherediditallgo, that may help you a little.

From what i can make you, if they turf you out then your homeless and they will have to re-home you, which wouldn't make much sense.

Might be an idea to give community legal service direct a call on 0845 345 4 345

Hope that helps a little

incubus72

I have extremely high rent arrears(in the region of £6,000) over 3 different properties due in part to my ex partner(I was involved in a serious accident in 2008 and was unable to work for over 8 months,as my partner was working full time I wasn't entitled to any I.S or H.B) and then due to the council introducing L.H.A and expecting me to pay £30 a week in rent. The council have now said that they do not have a responsibilty to house me when my current landlord evicts me(a combination of my former partner's employer being declared bankcrupt and her not recieving redundancy pay or wages for 4 months and my former landlord being declared bankcrupt and the council refusing to pay any H.B,also the fact that I am unable to pay the surplus of £30 a week in rent as I am only on J.S,.A),I wonder if anyone would be able to give me any advice as to where I stand legally ?. I am filing for bankcruptcy in the next few months and am including the rent arrears as part of my petition,would it then be the case that the rent arrears would be on record for 6 years and therefore the council could refuse to house me for this period of time ?.

nervousmother

DisillusionedAnna wrote: »

HI
thank for clarifying the council tax part of my question

can I include rent arrears in my BR petition, Im worried now that I have faced up to my debts I now need to know if rent arrears can be added on.
im expecting to be hauled in front of the tenancy lady anytime to be told they are considering eviction due to these arrears.
i handed in my housing benefit/council tax benefit application this morning so await the outcome of that but I owe £450 in rent arrears, I have fears of being turfed out in the street by baliffs.
any advice would be helpful

anna

you need to check your tenancy agreement, you can if you choose wish to have the rent arrears wrote off during BR but any landlord including the council have the right to evict you from the property. If you have no other debts to pay after going BR i would suggest you offer the council a small amount per month until they are paid off. It has been known for some councils to allow a tenant to stay even after including the rent arrears in BR.

Can I also add, if you are evicted from a property due to not paying rent then in effect you have made yourself homeless and as such are not priority case for the council to rehouse you.

nervousmother

incubus72 wrote: »

I have extremely high rent arrears(in the region of £6,000) over 3 different properties due in part to my ex partner(I was involved in a serious accident in 2008 and was unable to work for over 8 months,as my partner was working full time I wasn't entitled to any I.S or H.B) and then due to the council introducing L.H.A and expecting me to pay £30 a week in rent. The council have now said that they do not have a responsibilty to house me when my current landlord evicts me(a combination of my former partner's employer being declared bankcrupt and her not recieving redundancy pay or wages for 4 months and my former landlord being declared bankcrupt and the council refusing to pay any H.B,also the fact that I am unable to pay the surplus of £30 a week in rent as I am only on J.S,.A),I wonder if anyone would be able to give me any advice as to where I stand legally ?. I am filing for bankcruptcy in the next few months and am including the rent arrears as part of my petition,would it then be the case that the rent arrears would be on record for 6 years and therefore the council could refuse to house me for this period of time ?.

Are you in council accommodation now? The council can choose not to rehouse you if you have lost your property due to not paying your rent.