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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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i lease from punch taverns , one pub now relinquished , but

Customer Question

i lease from punch taverns , one pub now relinquished , but they want to keep my deposit as we had a cva, my second pub also retains a deposit, both of wich wasw a directors loan, total amount about 12- 15k, behind in rent now due to economic condition in Cornwall, how long would it take them to evict me and will i be able to make a claim for my deposits
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is this a commercial lease or are you living on a private dwelling attached please?

JACUSTOMER-bcxsjgvn- :

commercial lease

Alex Watts :

But are you living in accommodation above it?

JACUSTOMER-bcxsjgvn- :

yes i live above 5 days per week minimum

Alex Watts :

Ok. Are the leases in your name or your Company name?

JACUSTOMER-bcxsjgvn- :

company name

Alex Watts :

Is there a personal guarantee?

JACUSTOMER-bcxsjgvn- :

we have placed a deposit, but they belive from legal giudance they should give our deposit, ( i think it was a personal loan) to the CVA supervisor

Alex Watts :

Is there a personal guarantee?

JACUSTOMER-bcxsjgvn- :

no

Alex Watts :

Who paid the deposit?

Alex Watts :

Is that in the Company name?

JACUSTOMER-bcxsjgvn- :

my wife and i , cant remember if personal cheque or company

Alex Watts :

Does the lease agreement say your deposit is in your name or the company name?

JACUSTOMER-bcxsjgvn- :

probably company , need to check, does this matter if we can prove a personal loan for the deposit

Alex Watts :

Yes it does

Alex Watts :

If it is the Company then they are right - it goes to the Supervisor.

Alex Watts :

Therefore you can not demand the return of the deposit.

Alex Watts :

It is only if the agreement states it remains in your name would it be returned.

Alex Watts :

It would be a matter of loan between you and the Ltd Company

Alex Watts :

This is not a concern of the Tavern

Alex Watts :

In terms of eviction, if there is a private dwelling which forms part, they need a Court Order

Alex Watts :

They need to serve a notice to quit and then issue possession proceedings

Alex Watts :

However if there are arrears and the matter is listed at Court then the Judge is going to give possession

Alex Watts :

You may be able to delay it a couple of months but nothing longer than that.

JACUSTOMER-bcxsjgvn- :

the private dwellling is normal for most pubs, but forms part of the overall building the lease covers, how can i challenge re the deposits retaining with me, a couple of months may be ok and give us a chance to move on

Alex Watts :

In reality you can only challenge if the agreement states it is personally paid and returnable.

Alex Watts :

Otherwise its simply a loan from you to the Ltd Company and forms part of that debt.

Alex Watts :

This is the reality

Alex Watts :

If the Company paid the deposit it goes to the supervisor

Alex Watts :

If you paid the deposit in the Company name it goes to the supervisor

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-bcxsjgvn- :

, thanks i will go back to the poriginal solicitor ,as you can imagine sadly all is lost for us, in terms of debt collection companies whom i have offerd a payment plan to repay council business rates , they have refused my plan, now they ask for something impossible to repay, within theire plan, how can avoid there debt collectors taking the poccessions from the pub

Alex Watts :

Sure, I am sorry it is not better news..

Alex Watts :

Can I clarify anything else?

JACUSTOMER-bcxsjgvn- :

what is my legal position with the debt collectors., also can i copy and print this conforsation so i can send to the original solicitor so she undersdtands what is happening , so she can check the relevant points ie, payment of deposit to us etc

Alex Watts :

Yes once you rate the format changes so you can copy and paste it.

Alex Watts :

As for debt collectors unless you have a personal guarantee there is NOTHING they can do

Alex Watts :

Just tell them to go away

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 take a moment to leave feedback before you go today

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