To tenant solely owned (agent) - as trustee:
When completing this letter care must be exercised to ensure that that the
letter is amended to suit the circumstances of the property concerned.
IN THE [enter name of court] COURT No. [enter number(s)] of [enter year]
Re: [enter bankrupt’s full name] (IN BANKRUPTCY)
Thank you for providing the information requested in my earlier letter dated [date].
Further to that letter, I have now become the trustee of the bankruptcy estate.
Since becoming the trustee of the bankruptcy estate, the property (details of property
to be provided here) has vested in me (legally become my property) and I am now
your landlord. Please continue to pay rent directly to the managing agent who has
agreed to act on my behalf. All future correspondence/queries regarding your
tenancy should also be directed to [name and contact details of agents]. I am also
responsible for any repairs and maintenance required to the property and will carry
out such necessary repairs where money is available from rental income or otherwise
to do so. Please continue to report any such requirement to the agents.
Your deposit of [insert amount] is held in [insert details of scheme]. I have informed
the scheme provider that I am now your landlord. This money will continue to be held
until such time as you vacate the property. / My enquiries have revealed that the
deposit of [insert amount] you paid to the bankrupt was not protected in any way and
was not held at the date of the bankruptcy order. You are a creditor in the bankruptcy
proceedings for this amount. I have accordingly added you to the list of creditors in
Where there are battery operated smoke alarms fitted in the property, it is your
responsibility to ensure that they are regularly checked to see if they are working
correctly. It is also your responsibility to change the batteries regularly in accordance
with the manufacturer’s instructions. Where there are no current smoke alarms in the
property, I shall be arranging for some to be fitted. You will be contacted again
shortly to arrange a suitable time for this work to be undertaken.
Possible future action in relation to the property.
Please note that although as trustee I am entitled to collect all income arising from
the property, I shall not be making any payments towards the mortgage loan as this
is a debt in the bankruptcy proceedings. This is likely to result in the mortgage
company either appointing a receiver to collect the rent and thereafter to manage the
property or taking possession proceedings.
You should ensure you continue to pay your rent to the managing agent to
preserve your rights as a tenant. Failure to pay your rent may result in you being
evicted for failing to comply with the terms of your tenancy agreement. You may
wish to seek your own independent legal advice on this.
Further information regarding repossession and your rights can be found on Shelter’s
At this time the mortgage company has/has not indicated that they are going to take
any action although, of course, this may change in the future.