Can L stop ex-T going bankrupt?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can L stop ex-T going bankrupt?

    Hi all

    I have an ex-tenant who owes £6000 in rent arrears. He has paid a little towards this but is now threatening bankcruptcy or IVA in order not to pay the rest.

    Is there anything legal-wise that I put in place prior to this so that he cannot write this debt off by going bankrupt?

    I cannot afford for this to be written off as the property was repossessed due to his arrears and obviously need this money to now fight the mortgage company in court.

    Many thanks in advance.

    #2
    No. It's impossible to bind oneself not to go bankrupt. Did you obtain any Guarantors for T?
    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).

    Comment


      #3
      Hi and thanks Jeffrey.

      This is another issue with the agent and referencing. He passed references no problem and at the time had good job and salary. The AST was in his name alone and he moved in with his wife. She wasn't referenced and I wasn't advised of this when he moved in by the agent. However his wife let slip to me that he had a past CCJ - this did not show up when he was referenced!

      So basically he can get away with paying what he owes. This could mean I have to go bankrupt and lose my house when I go to court. Isn't there any help at all? I don't want to even think of the conseqenses of this for me, my family and my other tenants. It's a shame the law doesn't class this as theft, like if he went into PC World and stole a laptop.

      Comment


        #4
        Again: Did you obtain any Guarantors for T?
        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).

        Comment


          #5
          Originally posted by Patch View Post

          I have an ex-tenant who owes £6000 in rent arrears. He has paid a little towards this but is now threatening bankcruptcy or IVA in order not to pay the rest.
          I assume you have already obtained a CCJ for the £6,000? If so, ignore his threats and enforce it; put a charge on his property if he owns one, get bailiffs to seize his car if he owns one, freeze his bank account, get money deducted from his wages.

          Enforcing judgment guidance
          http://www.hmcourts-service.gov.uk/i...ment/index.htm

          He may just be bluffing. Going bankrupt has serious consequences, and if this guy has any assets it's not worth it for the sake of £6,000.

          Comment


            #6
            Why didn't you evict before it got to 6k in arrears?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Thanks

              No Guarantor as the letting agent passed him on his references and said one wasnt needed.

              Not sure on his assets - I know he rents a flat and has a company car.
              Will look into getting money from his wages - thanks.

              We started eviction procedings, which last time I did on another tenant took 9 months - but the property was repossessed before this was completed.

              Would love to start CCJ action against him, but this seems to incur me further costs and still no guarantee that he will pay. However if I can then enforce it as Westminster say -then perhaps it's money well spent...

              Thanks again all.

              Comment


                #8
                Sorry, will the CCJ be written off if he goes bankcrupt?

                Comment


                  #9
                  No. However, it might later on if he achieves release/discharge from 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).

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X