I've asked this in a legal newgroup, but perhaps someone can tell me here.
If I have to declare myself bankrupt, does my landlord get informed, even though I do not owe him any rent?
I'm concern he'll want to chuck me out if he gets informed I've just declared myself bankrupt.
Anyone have any experience with this?
What does your tenancy agreement say on the matter?
Yes he will. Even though you may not be behind with your rent payments, you owe him up to when your notice period for terminating the agreement expires.
That is to say that executory contracts (unperformed contracts) need to be declared. In principle the receiver or trustee has the option of whether to repudiate or perform or abandon to the debtor. Or, if the contract has value, to sell it on for the benefit of the estate (i.e., the creditors).
A tenancy at will or month-to-month tenancy has no value; a statutory tenancy or council flat or housing association tenancy has terms which make them of no value to the estate. (In fact virtually all residential tenancies are non-transferable except perhaps to co-occupants upon death, divorce etc.) There are interesting cases raising issues of fraudulent conveyance when an insolvent landlord grants a statutory tenancy to a friend, thus diminishing the value of his or her estate.
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