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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i owe this quarters rent on my shop can bailiffs take items

Resolved Question:

i owe this quarters rent on my shop can bailiffs take items from a second shop i rent they have listed items from the shop i owe rent on if i do not pay tomorrow as agreed if i went into liquidation or handed back the keys how do i stand, as the hold a quarter rent on deposit
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has the landlord warned of this yet?
Customer:

warned of what, can u please answere my question re handing keys back etc

Alex Watts :

Bailiffs can come in and change the locks. They can seize your goods from the second shop if that shop and assets are under the same name/

Alex Watts :

If it is a different name then no they can not.

Alex Watts :

If you went into liquidation and hand the keys back then the Landlord would just become an unsecured creditor.

Alex Watts :

However the same situation applies, if your second shop is in a different name then the Landlord can NOT take assets etc

Alex Watts :

If it is the SAME name then yes they can come and take items

Alex Watts :

Does this clarify for you?

Customer:

so what are the implications of going into liquidation

Alex Watts :

The debt becomes unsecured to the Landlord.

Alex Watts :

Then depending on whether the second shop is in a different names depends on status of that

Alex Watts :

If it is a different Ltd Co then that will be safe.

Customer:

i may sound dump but what does this mean

Alex Watts :

If it is the same then as soon as you enter administration then all debts are frozen

Alex Watts :

What does what mean please?

Alex Watts :

If shop 1 is in ABC Ltd and shop 2 XYC then shop 2 is safe.

Alex Watts :

If shop 1 and shop 2 is ABC Ltd then both shops are at risk

Alex Watts :

Does that help?

Customer:

can i get my other shop under another ltd name or sole trader if so what do i do

Alex Watts :

Not if the lease is already in the name of ABC Ltd

Alex Watts :

You are fixed by that lease on shop 2 and the name it is in

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer: How in your advise can i save my first shop from bailiffs entering and can they enter my home and do i have any rights at all
Alex Watts :

They have no right to enter your home.

Alex Watts :

I don' t think you can save the first shop if the second shop is in the same name

Alex Watts :

Can I clarify anything?

Customer: Sorry if the second shop is what i think your answere got lost
Alex Watts :

If the second shop is in the same name, you can not save them

Alex Watts :

If the second shop is in a different name you can save the second one

Customer: Thanku
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to take a moment to leave feedback before you to today

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