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Subtenant gone bankrupt

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blueslandlor | 15:36 Sat 29th Nov 2008 | Law
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I have an old lease which was granted before landlord and covenants act 1995. I sublet the lease and the subtenant has gone bankrupt. Since, this i have recieved no rent for subtenant and i have paid no rent to my landlord. How can i recover rent arrears for my subtenant? How can my landlord recover rent arrears from me?
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Court action, but if your sub tenant has no money then this is a waste of time.

I would have thought that you will hear very soon from your landlord, do you have the money?

If your sub-tenant was declared bankrupt then any rent he owed you up to the date of the bankruptcy is included in it & you cannot get it back unless the bankruptcy declares a dividend to creditors.

Also, the Official Receiver should have had notice of the lease from the bankrupt & should have contacted you about it - probably to "disclaim" it, i.e. to say he had no interest in it as it would not benefit the bankrupt estate.

If your sub-tenant has continued to occupy the premises then you can pursue the rent accrued from the date of the bankruptcy through the Court in the usual way.

Unless there is something unusual in the terms of your lease you are responsible for paying your landlord whether you get rent from your sub-tenant or not, so they can take Court action against you if you don't pay.

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