Tenant iva

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    Tenant iva

    Married couple who rent my house with an assured shorthold tennancy have recently separated. He has moved out but not given me written notice, his wife wants to stay in the house but so fsr hasnt paid the rent for 2 months. I've just served a section 8, and will then get a possesion order....

    However have today been advised the bloke has applied for an iva, has moved into a new rental property ....he,s put the rent he owes me in the iva....

    Am i correct that as his wife hasnt vacated my property and therefore my tennancy agreement is still in play...he cant simply try and set asside the debt to me in the iva





    #2
    They are both EACH liable for All the rent. Him moving out does not end his tenancy nor his liability for rent. Ensure you serve s8s on both
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Originally posted by theartfullodger View Post
      They are both EACH liable for All the rent. Him moving out does not end his tenancy nor his liability for rent. Ensure you serve s8s on both
      The issue was his IVA, not his moving out.

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        #4
        Originally posted by leaseholder64 View Post

        The issue was his IVA, not his moving out.
        Assuming a joint tenancy, I believe that the wife is unaffected by his IVA.

        As Artful says, the S8 notice must be issued in the name of all joint tenants.

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          #5
          The section 8 was served on both parties, my issue is as to whether his application for an iva should include my debt or since he is still my tennant that payment of my rent should be treated like that of the other property he has just moved into...which i understand is deemed a priority over credit card debts and hence gets paid from his income and not a small percentage over the next 5 years with the balance being written off...








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            #6
            Unfortunately insolvency practitioners will not consider rent as a priority debt unless he is actually living in the property. That doesn't alter that legally they are both liable for the whole of the rent.

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              #7
              Only 2 n's in tenant....

              Pedantically merry Xmas
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by leaseholder64 View Post

                The issue was his IVA, not his moving out.
                The wife remains liable for the whole lot: Pursue her!

                There's no separate "his" debt or "her" debt, there's just the debt, why care who or how it is paid?


                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Assume that you will have to go to court when the notice expires because I dont see a way that the rent is going to get paid

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