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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I am in arrears on the rent for my restaurant. The landlord

Customer Question

I am in arrears on the rent for my restaurant. The landlord took funds from my rent deposit and has also asked for these to be topped up. The company entered into a cva in aug 2011 at which point rent arrears were 18995. It is pursuing this as part of the amount. They sent a formal letter for payment infill by June 14 th before they start proceedings. What route wil they have to follow and how long will it take? I believe the cva means they have to go to court. Does the fact that their formal demand amount includes an amount that should be in the cva Mean that they have to resend the formal demand notice with the correct amount, buying me more time. What is the final chance to pay. Is it by the court date or some time after that. What can be done to stall the process and are they able to repossess legally without going to court. I believe the cva prevents this. I am about to enter a busy trading period and may be able to pay if I can stall for 8 weeks
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

The landlord is bound by the CVA in respect of the arrears together with the other creditors.

Max Lowry :

He can, however, distrain and/or forfeit the lease (if the right exists in the lease) BUT he needs the Court's permission to do this.

Max Lowry :

So yes, you are right, he would have to go to Court to get ahead of anybody else.

Max Lowry :

The supervisor of the arrangement will need to be informed of the debt amount and the invoiced sum. It is up to the supervisor what to do with this by reference to the scheme rules as approved by the creditors.

Max Lowry :

So, they cannot repossess without apply to the Court. How long that takes depends, but I would imagine it would probably take 2 months at least to get a Court hearing, but it depends on the local Court.

Max Lowry :

Hello.

Max Lowry :

I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out.

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