Help rent arrears

[CONFUSED49]

Hi

I have a business lease and I am in arrears a considerable amount of money, I am looking to go bankrupt, but before I go can my landlord get the bailiffs in without notifying me they are coming or go to court and stop me from going bankrupt. help I am end of my tether please help.

:???:

[BRIGADIER2JCS]

Bailiffs cannot be instructed until after a court judgement has been made.

 

If the LL takes court action the court will inform you.

[citizenB]

http://www.out-law.com/en/articles/2013/january/government-to-introduce-fairer-system-for-collecting-rent-arrears/

 

 

 

The new process, called Commercial Rent Arrears Recovery (CRAR), will only be available in 'pure' rent arrears cases and will replace the common law right to 'distress for rent'. Distress allows a certified bailiff to enter leased commercial premises, occupied by a defaulting tenant, and remove and sell goods owned by that tenant up to the value of the rent arrears without initiating legal proceedings.

 

 

I think you will find that where Commercial Rent is concerned the above information is correct.

[citizenB]

http://www.bdl.org.uk/images/Final%20Version%20E%20and%20W%20SHP%20BDL.pdf

 

National Debtline now have a Business section. You might want to contact them for some urgent advice.

 

http://www.bdl.org.uk/

[CONFUSED49]

Thank you for getting back to me, i thought they couldn't do it without first going to court, if she has already gone to court and they are in the process of sending me the papers can this stop me from going bankrupt or is there anything she can do to block me your views are much appreciated

[citizenB]

There is an alert out for advice from those with experience in this area, I am sure they will look in as soon as they can.

 

Have you actually started the BR process ?

[CONFUSED49]

Ive been to citizen advice got my forms had help to fill them just need to make the appointment on Monday to go to court with papers

[citizenB]

http://www.stepchange.org/Debtinformationandadvice/Debtsolutions/Bankruptcy.aspx#

 

There is some more advice on the link above - from what I am reading, once you have filed for BR then creditors have to stop any actions they might be planning against you.

 

However, I am sure others will be looking in over the weekend.

[CONFUSED49]

thank you and I will take a look at the link, was just worried as land lord wanted to see me tomorrow and has already asked for the arrears to be paid in full without delay, but I have not mentioned that I was thinking of bankruptcy, just wanted to go and do it without them knowing.

[kirkbyinfurnesslad]

What makes you think they would try and stop u going bankcrupt?(I don't think they could but not 100% sure)

[CONFUSED49]

just that others tenants have gone bankrupt and family are now worried the LL will do everything to stop me.

[citizenB]

I was going to suggest you ring Business debt line first thing in the morning, but they are only open Monday - Friday.

 

National Debtline is open from 9.30 am they might be able to advise what you could do, however I guess it all depends what time you are meeting with your Landlord.

 

I really don't know what else to suggest - all caggers are volunteers and don't have set times when they are on the forum. I would certainly hope that someone is able to respond before tomorrow though.

[CONFUSED49]

thank you, will keep you posted. you have really helped me.

[citizenB]

Please do let us know how you get on

[CONFUSED49]

will do thank you.

[ploddertom]

The "new" scheme does not come into effect until 6 April 2014 so unfortunately you are still at the behest of the Distress for Rent Rules whereby the LL can just instruct a Certificated Bailiff to enter the premises and seize goods. At a rough guess this adds approx £1k to the debt. I would suggest if you are thinking of going BR and have the money to do so get it done ASAP. Even if they do enter the premises it can be added to your BR anyway but it may be better to remove anything of value in the meantime.

[CONFUSED49]

Hi

Been along time since I replied but it has been very maniac trying to sort things out and get done but I have finally gone bankrupt and waiting now for the official receivers interview, will keep you posted.

thank you