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Landlord gone into receivership

[Deleted User][Deleted User] Posts: 1,220
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Hi all

Me and my partner recently moved house. We moved in around 3 weeks ago. Last week we got a knock on the door from the company saying that our landlord had gone into receivership and we know would have to pay the rent to them. We just got a phone call saying that the house was no going up for sale and they wanted to send someone over to view and assess the "property for sale"

WTF are we not protected? Will we loose the house and have to move? We signed a years lease and paid a months deposit.

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    Pull2OpenPull2Open Posts: 15,138
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    Unfortunately, the house is an asset that will need to be realised by the OR in order to pay your landlords creditors!

    You will get your deposit back of course (assuming it was paid into and held by an agent), but not sure about your month in advance because if it was paid to your landlord, then you will just have to take a number and become one of his creditors! Any contract you had with the landlord is still valid but, again, take a number and wait your turn in terms of getting any damages!

    However, when his debts are discharged (with priority debts being paid first eg HMRC, court fines & fees etc) there may not be enough to pay all creditors, he will be bankrupt and you will no longer be able to pursue him!

    I don't claim to be an expert and maybe someone else has some direct experience, but this is my understanding of going into official receivership!
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    HeartacheHeartache Posts: 4,299
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    IrishChick wrote: »
    Hi all

    Me and my partner recently moved house. We moved in around 3 weeks ago. Last week we got a knock on the door from the company saying that our landlord had gone into receivership and we know would have to pay the rent to them. We just got a phone call saying that the house was no going up for sale and they wanted to send someone over to view and assess the "property for sale"

    WTF are we not protected? Will we loose the house and have to move? We signed a years lease and paid a months deposit.

    Have they given this to you in writing, some random person knocking on your door could be a scam.
    Have you contacted the landlord or his agent.
    They could still sell the house with you as tenants, what does your agreement say.
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    Pull2OpenPull2Open Posts: 15,138
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    Heartache wrote: »
    Have they given this to you in writing, some random person knocking on your door could be a scam.
    Have you contacted the landlord or his agent.
    They could still sell the house with you as tenants, what does your agreement say.

    Agreements may be honoured but the ORs duty is to discharge the debts and to the creditors. If someone buys the property to live in, no agreement is going to prevent tenants having to move out!
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    [Deleted User][Deleted User] Posts: 2,606
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    Your tenancy will still apply after the house is sold, it will just transfer to the new owner.

    Many properties are more attractive with a tenant in-situ, especially if the purchaser is a buy-to-letter or looking for an investment. I wouldn't worry.
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    molliepopsmolliepops Posts: 26,828
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    Pull2Open wrote: »
    Agreements may be honoured but the ORs duty is to discharge the debts and to the creditors. If someone buys the property to live in, no agreement is going to prevent tenants having to move out!

    Not so sure about that surely it would be sold with the tenant insitu and the tenant would then pay rent to the new owner.
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    tim59tim59 Posts: 47,188
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    Get paper work off company go seek advice from CAB who will more than likely send you down to your local council. The contract you had with the landlord is not worth the paper it is wrote on any more. As he is no longer in charge of the property
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    Pull2OpenPull2Open Posts: 15,138
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    molliepops wrote: »
    Not so sure about that surely it would be sold with the tenant insitu and the tenant would then pay rent to the new owner.

    The OR becomes the landlord and assumes responsibility for any contract absolutely, but the responsibility of the OR is to discharge debts and if that means selling to someone who doesn't want tenants, I can see the OR simply giving notice to quit regardless of contract. What if the contract was for 18 months (rare I know but not impossible), ORs need to discharge within 12 months and if they cant find someone who wants to take on tenants, then whats the alternative!

    Having said that, I'm sure they will and the OP will be able to stay for at least the duration of the contract but if it was me, I'd be looking for somewhere new rather than getting all tangled in the process!
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    DerekPAgainDerekPAgain Posts: 2,708
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    If the OP is in in Ireland then I'm not sure what irish law would say but reasonably sure that there a several ways that a tenancy can be ended (early) when house owner is bankrupt in the UK.
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    [Deleted User][Deleted User] Posts: 1,220
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    meeting with solicitor tomorrow, and landlord. Hope it gets sorted. This on top of the two of us loosing our jobs recently is a shit few months
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    DiscombobulateDiscombobulate Posts: 4,242
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    tim59 wrote: »
    Get paper work off company go seek advice from CAB who will more than likely send you down to your local council. The contract you had with the landlord is not worth the paper it is wrote on any more. As he is no longer in charge of the property

    Are you really sure of this, as if it were true its a very easy way for a Landlord to get rid if tenants :confused:
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    DiscombobulateDiscombobulate Posts: 4,242
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    IrishChick wrote: »
    meeting with solicitor tomorrow, and landlord. Hope it gets sorted. This on top of the two of us loosing our jobs recently is a shit few months

    Good luck with your meeting tomorrow. Be good if you could come back and give an update if you are willing to.
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    [Deleted User][Deleted User] Posts: 1,220
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    Good luck with your meeting tomorrow. Be good if you could come back and give an update if you are willing to.

    Will do
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    Evo102Evo102 Posts: 13,630
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    Deleted - missed that this was in Ireland.
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    [Deleted User][Deleted User] Posts: 1,220
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    Thanks for all your help guys xx
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    jrajra Posts: 48,325
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    IrishChick wrote: »
    meeting with solicitor tomorrow, and landlord. Hope it gets sorted. This on top of the two of us loosing our jobs recently is a shit few months

    With a bit of luck, the property will be sold as an ongoing concern, so you'll still be able to live there, but will pay your rent to the new landlord, whoever that is.

    As for the current legality of your contract, I can't answer that issue personally, as I simply don't know the answer.

    Regarding your personal situation, I know where you are coming from. I lost my job, my girlfriend, wrote off my car in a motorway accident and got beaten up, all in the space of a month. That was 22 years ago and I thought my world was falling apart.
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    [Deleted User][Deleted User] Posts: 1,220
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    jra wrote: »
    With a bit of luck, the property will be sold as an ongoing concern, so you'll still be able to live there, but will pay your rent to the new landlord, whoever that is.

    As for the current legality of your contract, I can't answer that issue personally, as I simply don't know the answer.

    Regarding your personal situation, I know where you are coming from. I lost my job, my girlfriend, wrote off my car in a motorway accident and got beaten up, all in the space of a month. That was 22 years ago and I thought my world was falling apart.


    Jesus sounds horrendous!! I am happy we have each other and our health, that's all that matters at the end of the day.
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    tim59tim59 Posts: 47,188
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    Are you really sure of this, as if it were true its a very easy way for a Landlord to get rid if tenants :confused:

    The landlord knew in advace that he was going into receivership, he knew that there was going to be a problem with the house. Here is a damming report today about landlord, http://www.insidehousing.co.uk/tenancies/complaining-to-landlords-causes-a-third-of-tenant-eviction-threats/6528930.article
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