October 2010
Part 9
Tenanted property owned by the bankrupt
24.92 Solely owned tenanted property
The official receiver on confirming that the bankrupt owns a solely owned property which he/she has rented to tenants should follow the advice given in Chapter 31.11 part 1. The official receiver should pay particular attention to;
24.93 Jointly owned tenanted property
The official receiver on confirming that the bankrupt has an interest in a jointly owned property which is rented to tenants should follow the advice given in Chapter 31.12 part 1. The official receiver should pay particular attention to;
24.94 Secretary of State appointment
The official receiver should attempt to secure an insolvency practitioner as trustee of the bankruptcy estate following the advice given in paragraphs 31.11.57 to 31.11.59 or in paragraphs 31.12.61 to 31.12.63 (jointly owned property). If an insolvency practitioner is found, the official receiver should issue a notice of no meeting of creditors and apply for the Secretary of State to appoint a trustee. Such a trustee will have been chosen from either the primary rota or the landlord rota (see paragraph 31.11.58 and paragraph 31.11.60, or paragraph 31.12.63 for further details). For more details on the appointment of liquidators and trustees see Chapter 17.
24.95 Official receiver becomes trustee
If the official receiver becomes trustee he/she should issue Form J and Form A restrictions with the Land Registry. Further details regarding issuing Form J and Form A restrictions can be found in Chapter 50, part 7 and Case Help Manual part, Registering a form J restriction.
[Back to Part 8 - Freehold and/or leasehold property, sale or notice to elect] [Onto Part 10 - Other legal proceedings]