Landlord bankrupt and AST expired

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    Landlord bankrupt and AST expired

    Hi all,

    We rent a house, and have just found out that our LL has been declared bankrupt. We have been renting for 3 years and completely forgot that the AST had expired 2 years ago and the LL hadn't renewed it. We also find out that our deposit has not been put into a protection scheme and he is listing us as a creditor on his bankrupty forms.

    Is anyone able to tell us what happens to the deposit money now pls?

    Regards, Niko

    #2
    I think that the only way you are going to get your deposit back in this instance is by failing to pay some rent at the end of your tenancy. Of course, you shouldn't do this, but then your landlord shouldn't need to go bankrupt either! Provided you are happy with your accommodation, then you can continue to pay you rent, but when you decide to leave (by giving one month's notice ending on a rent day) or your landlord wants you to leave (by giving you two months notice ending on a rent day) Then you can consider your position.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      Do not pay any more money to the landlord unless told by the receiver to do so - any money paid may not be counted towards your rent as your landlord will have lost the right to receive it by being made bankrupt. (and also the right to serve any notice on you as your home will now be vested in the receiver)

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        #4
        Originally posted by P.Pilcher View Post
        I think that the only way you are going to get your deposit back in this instance is by failing to pay some rent at the end of your tenancy. Of course, you shouldn't do this, but then your landlord shouldn't need to go bankrupt either! Provided you are happy with your accommodation, then you can continue to pay you rent, but when you decide to leave (by giving one month's notice ending on a rent day) or your landlord wants you to leave (by giving you two months notice ending on a rent day) Then you can consider your position.

        P.P.
        Presumably, the property will eventually be sold, and the new landlord would become responsible for the deposit?

        However, PPs advice is probably the most pragmatic.

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          #5
          Originally posted by polynikes22 View Post
          We rent a house, and have just found out that our LL has been declared bankrupt. We have been renting for 3 years and completely forgot that the AST had expired 2 years ago and the LL hadn't renewed it.
          To whom have you been paying rent since L declared bankruptcy?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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