Money Advice Direct
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An applicant should ensure that they receive independent advice when it comes to the position of rent arrears and a Debt Relief Order.
There is a referred case which relates to rent arrears in bankruptcy. It is "Harlow District Council versus N J Hall" (in 2006)
This case provided a judgement, which related to the payment of rent arrears in bankruptcy. As a Debt Relief Order is a form of bankruptcy, it was decided that the outcome of this case should be applied in a Debt Relief Order.
Therefore, if a client is in arrears with their rent, and is applying for a debt relief order, it is understood that the Landlord is seeking to recover the property rather than the unpaid rent. This means that in order to prevent the property being repossessed, the client has to pay the arrears.
If the Landlord has a Suspended Possession Order, the Intermediary should ensure that the rent arrears payment is allowed for in the financial statement.
If there is no such order, but a risk of one being sought, the Intermediary should request any paperwork on the matter and again should ensure that an arrears payment is allowed for.
If you are unsure as to whether an Debt Relief Order is the best way to solve your debt problems please call us on 0800 074 6918.
If you wish to discuss the Debt Relief Order procedure and understand how it can help you please complete the following form or telephone freephone 0800 074 6918.