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cathy w | Bankruptcy and renting afterwards? |
We have decide that we are going to apply for bankruptcy as we have tried all other avenues of resolving our debt problems and they have not worked. We are currently on a debt management plan but that was estimated to take over 20 years to pay off and that is without all the interest they keep adding.
We have just been told that we cannot do and IVA because Northern Rock have refused and they make up 50% of our debt so we are forced into Bankruptcy.
I am absolutely frightened to death that we will end up homeless. We are renting at the moment but in our tennancy aggreement it says if we become Bankrupt then our tennancy will be terminated.
The local council have said they cannot help us as we do not have enough points and the local housing associations say that we will be waiting for up to 7 years for a house.
My question is where do we live? I have two young children and a dog so I cant go into a hostel.
I can't get any straight answers from anyone so please help xx
Additional Details
Our tennancy aggreement ends in february and we dont want to break it because we will need a good reference from the lettings agency.
We think that our landlord wants to sell up because we have been asked twice now if we would consider buying the property and we have only been here 12 months!
The other reason we want to move is to reduce our outgoings. The rent is £595 pcm which is cheap for the house. 3 bed detatched, gardens, drive conservatory, close to schools ect but the bills are crazy.
Our water rates are now 4 times what they were on our own house which we sold (large 3 bed terrace)
Also we own a car each. They are not worth anything (a bashed up R reg citroen xsara and an X reg renault kangoo which is knackered!) Will they try and take them from us aas we need them for work.
I start work at 6am every morning so the bus is not an option as it does not run and there are no trains and my husband starts at 9-9.30 am he drops kids off first because I am working |
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stanthemansmum
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Your landlord has to have legal grounds to evict you. Being bankrupt is not one of these grounds. He would have to take you to court and go through possession proceedings to do this. You do not have to inform your landlord about your bankrupcy so worry about that if he finds out.
Did your landlord put your deposit in a rent protection scheme? If not he cannot take you to court to get you out at the end of the contract - he has to have valid grounds ie, more than two months behind on the rent - which is the only clause where the court has to agree to reposession. If you are always behind on your rent for no good cause ie, if you are on housing benefit which is paid two weekly, there are going to be times when the payment is a couple of days or weeks late and a judge will take that into consideration. If he does get you out, the fact that the deposit is not protected means the landlord can be ordered to pay back three times the deposit - get this checked out. If it does get dodgy, this might well make him think again.
I understand entirely how you feel about the dog - I have a landlord who would love to evict me and have a small, blind dog and there is no way I would lose her. Just keep going. You are in a strong position and the landlord cannot evict just because of bankrupcy - like many contracts, he has clauses that are unenforceable - and I think this is one of them. For more info. get in touch with Shelter or your Private Lettings Office at the local council. Also, get yourself on the council house register - it might take a while, but the sooner you are on it the better. |
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charterman
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You sound so worried and I don't blame you because being homeless is horrible. There are ways around it though.
Firstly, register with the council and housing associations. The quicker you are on the lists, the more points you will start earning.
If you are living in the south east or the south west, finding affordable accommodation is very difficult. Perhaps you will consider moving areas to somewhere more affordable. This hasn't got to be forever, just until you can get back on your feet.
I live in Nottinghamshire and regularly search for rented property for people. Bankruptcy has not been an issue with the landlords, only that you can pay the rent and not wreck the place. The latest property I have found is a 3 bedroomed bungalow with large garden in a nice village with very good schools. £125 a week.
Like you said, you are both working, I'm sure any decent landlord would be happy to have you as tenants. |
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Cari
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If you are no longer able to live in your current home, you look for a private landlord. They will likely check with your employer that you earn what you say you do, but won't do a full credit check the way an agency would. Of course in the meantime you register with the local council and with housing associations, but this isn't going to hekp in the short term.
However, your rent sounds very, very cheap to me so even if you do pay a lot for bills, I'd be surprised if you were better off by moving to another property.
I doubt that your cars will be taken as you say they're not worth anything, but I could be wrong. However, it will be their perceived worth, not the fact that you "need" them, that determines whether they are taken or not. |
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bobozac
 |
Are you both petitioning for bankruptcy ? If one of you is not going down that route - that person could take on the tenancy in their own name. How long have you been in the property and have you got rent arrears ? If you have been good tenants and paid your rent, then maybe your landlord would waive the clause re bankruptcy.(after all it will cost him a lot to advertise and credit check a new tenant - it may be easier to let you stay as long as you pay your rent). If you definitely have to move out, could you go now and rent a new place before your bankruptcy and check the tenancy agreement for this particular clause?
Your local housing authority will have a duty of care to you and your children if you are evicted. This may be B&B in the short term but then they would have to find you permanent accommodation |
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Kal-El
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People make financials mistakes and bankruptcy is part of life. My wife and I actually went through it about 5 years ago and we actually own a very nice home now.
I would not worry about your current apartment being taken away. Just because the agreement says they have the right to doesn't mean they will if you have been paying your rent on time everymonth. Also, who's to say they'll ever know? Everytime I've ever rented the credit check was done in the very beginning and never again. Why would they need to re-check your credit if you are already in an agreement? Honestly, I really wouldn't worry about it. Just don't tell them or get behind on your rent.
Good luck! |
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alta
 |
It must be a difficult time for you.
I see you say that there is a clause in the tenancy that says if you become bankrupt the tenancy is terminated. Well the landlord can not just kick you out he has to apply through the courts for possession. If you have always paid your rent on time and been a good tenant, then just continue to pay, and your landlord will be no wiser. Im sure if you have been good tenants he will rather keep you than go through the process of eviction.
Good luck |
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Louise R
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I would suggest that you register with Housing Associations straight away. You will then be on the waiting list, and that will be better than waiting until you're desperate / evicted from your present home. If your circumstances change during that time, you'll be able to change the number of points you have (which may move you up the list).
Remember that a lot of Housing Associations will allocate additional points if there's a medical reason for you needing a home from them. For example, if your GP is prepared to certify that your housing conditions are having a serious affect on your mental health.
Look at the Allocations Policy for each Housing Association, and you'll see how points are allocated. Each one is different, so you'll need to do some serious 'homework'. If they're not available on their website, ask for one. Try and do that before you complete the form.
I'm not sure how a landlord could terminate your tenancy because you're made bankrupt; I'm not sure whether that's legally enforceable.
Plus I don't know how your landlord would find out, unless you owe him / her money and that would therefore be part of the bankruptcy. An eviction for rent arrears would be legal, but I'm not sure about evicting you simply because you've been made bankrupt.
If you are going to made homeless (ie if the landlord has issued a legally enforceable eviction order), that will increase the number of points you have.
In that situation, the local council will almost certainly have an obligation to house you because you have children. That doesn't mean that you would automatically be given the house of your choice; it may be a B&B place for a short time.
The dog may be a significant issue; I doubt that there is any obligation to allocate a home that would take pets, and I'd suggest that you need some expert advice on that. I'm not sure whether the animal shelters will take a dog temporarily (until you're able to find more suitable accomodation).
I'd strongly suggest that you get in touch with Shelter. They have expert Housing advice available, and will be able to talk you through things now and as things progress.
I think that Shelter can also offer some sort of court representation at eviction hearings.
Also look at moneysavingexpert.com for some support and information with the IVA situation. Make sure that your advice is from CCCS or one of the other charitable organisations; not an organisation that's taking part of your payment each month. Moving to a different organisation might be fruitful; it could be a case of increasing your IVA offer or making some other change. I'm not sure why you can't stay on the DMP. |
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buildypuss
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where do you live? which country? |
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ubczoology
 |
bankruptcy laws are to protect us in a bad situation but it is not to be used or abused.
this is a desperate situation for you and you need to ditch as much liability as you can.
Get rid of the dog, put it up for adoption at a shelter.
Get yourself into the Gov't relief station and work w/ a counsellor to get your act on the up and up.
Get yourself and your kids into low income housing and rebuild. |
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