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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My sister in law rents a private house from a private person

Customer Question

My sister in law rents a private house from a private person who has been declared bankrupt. The recievers have givven her notice to leave without any motivation. She is not and was never behind with her payments. She has kept the house in a good state. What is your opinion please? Thank you so much.
Kind Regards
Mr. J.G. Van den Brink
The Netherlands.
PS Sister in law lives in Northern Ireland Co. tyrone
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What sort of tenancy agreement does she have please?
Customer: replied 2 years ago.
Hi Alex,
She has an j written contract. She started renting the house about 20 years ago. Landlord was, and is, her brother. He put the house in his wife,s name. Brother and wife are bankrupt now. Too much money in too much real estate.
Hans
Expert:  Ash replied 2 years ago.
Do you know whether it is an assured shorthold tenancy?
Customer: replied 2 years ago.
Don,t think so. Just saw a type error: it,s an unwritten contract
Expert:  Ash replied 2 years ago.
Ok. Its bad news I am afraid, even if there was a contract it comes to an end when someone goes bankrupt. Therefore sadly unless the tenant can come to an arrangement with the Receiver then notice can be given.
It makes no difference whether they have done work or not, sadly the fact of the matter is that any contract has come to an end and they may have to leave.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Under Dutch law a houing rental contract does not come to an end by sale of the property. Also recievers have to honour the contract. And when they sell, which they will of ourse, thne contract stays.
All to protect the , paying, tenant. You say your law does not give this kind of protection?
Hans
Expert:  Ash replied 2 years ago.
Sadly no.
Any contract comes to an end. I am sorry.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your time and trouble.
In The netherlands i am a specialist in rwal estate law and
I was aware that since you were never long enough under Roman law there might be a problem. But I am truly shattered with the loss of protection of a tenant after a bankrupcy.
Thanks anyway
J.G. ( Hans) van den Brink
Expert:  Ash replied 2 years ago.
Good luck with this.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex