Landlord Goes Bankrupt.

17 03 2011

Hello,

Here is some legal advice concerning some issues that, unfortunately, are a sign of the times….

Question

A Landlord has gone bankrupt. The tenant says that they have been told they now have the right to walk away from the tenancy. The bankruptcy is over another business, not the letting.

Answer

The bankruptcy should not affect the letting though you may check with the trustee in the bankruptcy if they are happy for the letting to continue.

Question

Someone, who is believed to be a debt collector, wants to trace a former tenant. He states that he has a warrant for getting the information regarding my ex tenants whereabouts.

Answer

You can not take his word for this. Say that when you are formally ordered by the court to give this information, you can do so. You can not fall foul of data protection legislation.

Question

A Landlord has gone into receivership and the management of their property has been taken over by the receivers. The terms of business say that a cancellation fee may be charged, should the Landlord be asked for this?

Answer

The Landlord will probably defend saying that he had no choice. In any case, as his affairs are being managed by receivers, with other calls on him, it is probably not worth the time and effort going to court.

Question

A tenant has handed in their notice as they were buying a house. The purchase of the house has fallen through and they wish to withdraw their notice. Can they simply send this in writing and continue under the existing contract which is now periodic? The Landlord is happy for them to continue renting.

Answer

By agreement the notice can be withdrawn, but all parties need to understand it will be as if it has never been served and they can not later rely on it.

Question

A Landlord has defaulted on his mortgage and the tenants have received a notice that the bailiffs will evict them. How can the Act be used to help them? We have sent the tenancy agreement to the solicitors acting for the mortgage company but now they are not returning our calls. Do you have any other advice on how to deal with the situation? The tenants are in a fixed term.

Answer

The basis of the legislation is that the tenant can ask the court to delay possession for 2 months. They should be able to get help from CAB or a Legal Advice Centre.

 

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