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Posted: Tue Mar 08, 2011 12:16 pm
by uniboy02
Hi,

I am in a complex argument with my previous Landlord. I had a fixed term AST (residential tenancy).

Landlord is claiming that his "debt" should have been included in the IVA.

Important to note that there was no debt when we entered the agreement, only the rent bound until the expiry of the fixed term tenancy. I paid rent in full for a year after entering the IVA. Only now, when we have a dispute over the end of the tenancy, is he claiming he should have been notified.

My first thought is that a tenancy is not a "debt"?

Posted: Tue Mar 08, 2011 12:26 pm
by plasticdaft
I cant see how your tenancy can be classed as a debt,but one of the Ip's should be able to clarify this.

Paul

Posted: Tue Mar 08, 2011 6:21 pm
by kallis3
If you have paid the rent then I wouldn't have thought your landlord could claim anything.

Hopefully one of the experts can pick up on this.

Posted: Tue Mar 08, 2011 11:10 pm
by MelanieGiles
The tenancy was a contingent liability and if you had agreed to pay rent for a full year, but had only part-paid then technically they should have received notice of the IVA. If, as you say, you have now paid all of the rent, this is no longer an issue.