Bankruptcy and our tenancy

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n_b

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Post by n_b » Tue Jun 05, 2007 10:00 am
can any one tell me how would our tenancy be affected if it was just my husband went bankrupt its with a housing association and in his name only we don't owe any arrears. I have heard they can end your tenancy if you are made bankrupt
 
 

Storm

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Post by Storm » Tue Jun 05, 2007 10:17 am
You will need to look at the specific terms of your tenancy agreement.

Also worth contacting the housing association to add you to the tenancy agreement ??

Most housing associations are not in the business of making people homeless particularly if there is no arrears.
 
 

n_b

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Post by n_b » Tue Jun 05, 2007 10:25 am
Thanks Storm
 
 

iva experts

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Post by iva experts » Tue Jun 05, 2007 11:07 am
Hi nb,

I agree with Storm, the way forward is to take a closer look at your tennancy agreement to see if it specifically rules out bankruptcy for the tennants.

Please feel free to post your outcome.

Best Regards. IVA Experts
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Michelle Pontes
IVA Experts
http://www.iva-experts.co.uk/
 
 

Rainbow

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Post by Rainbow » Tue Jun 05, 2007 11:10 am
Hi There and welcome to the forum. As a member of the Institute of Housing this is an area that I do have some knowledge of. Storm is correct in the response that most Housing Assoc are not in the business of making people homeless - I think that you are in a safe space given that you do not have arrears but would reinforce the position that you need to get your husband to write in and ask them to make the tenancy into joint names. When I was a manager for a Housing Assoc even with arrears of a tenant I would not object to transfering the tenancy into a trustee's name for a bankrupt. This issue is aroung being bankrupt and holding a tenancy most HA's like to see a guarantor and if you are not going bankrupt then the tenancy can sit with you as a guarantor if you choose not to go down the joint tenancy route.

Hope this is helpful. Good Luck
Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!
 
 

Lula

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Post by Lula » Tue Jun 05, 2007 9:26 pm
Hi i work for a housing association, I am a Housing officer so I can confrm Rainbow!
Being bankupt makes no diff what so ever. To end a tenancy (Assured or secure!) is only by the order of a judge on a breach of tenancy condition. Being Bankrupt is not a breach, however getting into rent arrears is a breach! So its up to you but make sure your rent officer or housing officer is aware! Let them know if paying the rent is becoming a problem! If its not ..dont worry.

Technically as you are married the tenancy is viewed as a joint asset. However if your feel more comfortable ..to get the tenancy in joint names your husband should write into req this , include a copy of your marraige cert and your Housing officer can get this done for you easy peasy!

However word of caution! ..Joint tenancies mean that both tenatns become jointly liable for all the terms!

In terms of guarantors , unless your Housing ass has a specfic clause, this is only generally used for under 18 year olds!

Being in finacial mess, as I am, doesnt make you a complete No go zone..! LOL.

Dont worry...
lulablog.blogs.iva.co.uk
 
 

n_b

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Post by n_b » Mon Jun 11, 2007 10:01 am
Hi thanks for all your responses , I checked the tenany agreement and doesn't say anything about if you are made bankrupt, HUbby has sent copy of marraige cert and letter to have a joint tenancy...

Thanks
Last edited by n_b on Mon Jun 11, 2007 11:41 am, edited 1 time in total.
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