UK Landlord Forum / Life

Hi All

first time poster,

I am due to go to court in April to gain a possession order and hopefully a ccj for outstanding rent, I have been informed that the tenant did a IVA last year, when he did the IVA he was not in rent arrears at my property.

My question is if awarded the arrears payments, would this debt be separate to the IVA and be able to be enforced?

He's no longer living in the property and gave me notice to move 20th March which he did although court proceedings had been issued.

Thanks for any help

D

Be wary of advice from a forum especially my own
Always do your own research

If your debt was incurred after his IVA started, it could cause it to fail and it can't be added to the iVA. . An IVA can only include debts that existed before the IVA began.  It is possible to add debts to an IVA but those must have been incurred before the IVA and then come to light after it.

If an IVA fails he will likely be made bankrupt or he might get a Debt Relief Order.....so you get not much I'm afraid.

Best of luck

Thank you for the reply

Went to court Friday and was awarded the rent arrears and formalised the possession,

Don't expect any payment but at least there will be a CCJ to add to his file.

D