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Thread: Tenant vacated and subsequently became Bankrupt owing rent.

  1. #1
    Junior Member
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    Oct 2011
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    Tenant vacated and subsequently became Bankrupt owing rent.

    Following the issuance of a Section 21(4)(a) the tenant vacated my property as requested. However he left owing rental arrears of £2,500. Subsequent to his departure I have discovered that he applied for and was granted Bankruptcy; automatic discharge of which will be after 12 months. I was not invited to become a creditor and was not notified of the insolvency proceedings. If I wait until after the date of discharge and submit a small claim via a County Court, will the Court still be able to accept my petition bearing in mind the aforementioned Bankruptcy proceedings?

  2. #2
    Administrator FindLaw_Maya's Avatar
    Join Date
    Jun 2011
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    93
    Hi Hooters,

    Thanks for your post. You cannot make small claims for money owed by a discharged bankrupt from before they were made bankrupt. It would be better to apply to the official receiver during the period of bankruptcy to try to claim your money.

    This section of the Government's website DirectGov explains how to claim money from a bankrupt.

    Good luck,
    -FindLaw Moderation Team

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