AST, housing benefit and bankruptcy.

[Pritchette]

Hi there,

 

My husband and I have been left in a bit of a pickle with debts and low wages.

After doing much research we have decided the best option for us is to go bankrupt.

Also we are going to need to claim housing benefit as his wages have just been cut.

 

We rent our house, and I've looked through the tenancy agreement for any clauses about bankruptcy or housing benefit, but neither are mentioned anywhere. Can I therefore assume that we can go ahead on both counts and legally nothing can be done to evict us on these grounds?

 

We're good quiet tenants and apart from 6 months of late rent payments, we've never been any trouble. The rent has been paid on time for the last 5 months and there were zero issues on our most recent house inspection.

 

I'd appreciate any advice anyone can offer. It's a scary time for us.

 

Thanks in advance.

[Pritchette]

Hi there,

 

My husband and I have been left in a bit of a pickle with debts and low wages.

After doing much research we have decided the best option for us is to go bankrupt.

Also we are going to need to claim housing benefit as his wages have just been cut.

 

We rent our house, and I've looked through the tenancy agreement for any clauses about bankruptcy or housing benefit, but neither are mentioned anywhere. Can I therefore assume that we can go ahead on both counts and legally nothing can be done to evict us on these grounds?

 

We're good quiet tenants and apart from 6 months of late rent payments, we've never been any trouble. The rent has been paid on time for the last 5 months and there were zero issues on our most recent house inspection.

 

I'd appreciate any advice anyone can offer. It's a scary time for us.

 

Thanks in advance.

[Steve__M]

Most landlords are just interested in getting the rent. Ideally, on time, but it sounds like you have been given leeway in the past.

 

As long as your rent is roughly up to date, being evicted before the end of the fixed term (through the Section 8 procedure) is unlikely to happen.

 

Landlord can issue notice using Section 21 for (or after) the end of the fixed term. This would give at least 2 months' notice before eviction proceedings can begin. There are few defences against eviction using the Section 21 procedure. Landlord does not need to give a reason.

[Pritchette]

Thanks for the info.

 

We're completely up to date with the rent and our actions are happening mainly so we can continue to pay it, so it's all in their best interests not to have a problem.

 

I guess I just want to know whether it would be in the tenancy agreement or not? And if it's not then can I assume it's not a problem for their insurance or anything like that?