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Statutory Demand Issued

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  • #16
    Re: Statutory Demand Issued

    A failure to protect a deposit is a repeated breach for each new tenancy. We haven't been given many details about the case but from what we have, the court fine doesn't sound wrong to me.

    The advice to sell the BTL sounds sensible to me. It isn't an investment for your children so much as an accident waiting to happen. No-one should be in the business of being a landlord if they do not have enough assets to be able to reasonably cope with the things that go wrong with rental properties, from void periods, evicting problem tenants to redecorating, replacing white goods , boiler, roof etc. It doesn't sound as though you can do this.

    Getting the variation on your CCJ will give you a ground to challenge the Statutory Demand but it is up to the discretion of the judge whether to accept this. As you are offering so little in relation to the debt, I think you should be very concerned about this.

    Do you have any means of raising money, eg from your partner? If you can reduce the debt to below £5,000 I think this would be sufficient to avoid bankruptcy.

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    • #17
      Re: Statutory Demand Issued

      Have to agree here. Running a BTL tenancy on a shoestring is bound to run into problems and where it is poorly administered, then as you say, its an accident waiting to happen. Yes, you have to make every effort to raise this money, or the bulk of it to gain the courts/creditors confidence that you actually have commitment here ( to date, there is no evidence that you are doing this or intend to do it ). Sad to say, no one will bail you out when you can only se seen as the author of your own misfortune.

      Is there sufficient equity in the BTL property to cover the debt? If so, you could always put the property on the market and ask your creditor to agree to a property charge to clear all on the sale. That would be a better scenario where you stay in control and not be pushed to the same resolution through insolvency.

      Sorry, but you will need to make some tough decisions to avoid bankruptcy.

      Comment

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