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.
Is this a commercial lease or are you living on a private dwelling attached please?
But are you living in accommodation above it?
yes i live above 5 days per week minimum
Ok. Are the leases in your name or your Company name?
Is there a personal guarantee?
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
Who paid the deposit?
Is that in the Company name?
my wife and i , cant remember if personal cheque or company
Does the lease agreement say your deposit is in your name or the company name?
probably company , need to check, does this matter if we can prove a personal loan for the deposit
Yes it does
If it is the Company then they are right - it goes to the Supervisor.
Therefore you can not demand the return of the deposit.
It is only if the agreement states it remains in your name would it be returned.
It would be a matter of loan between you and the Ltd Company
This is not a concern of the Tavern
In terms of eviction, if there is a private dwelling which forms part, they need a Court Order
They need to serve a notice to quit and then issue possession proceedings
However if there are arrears and the matter is listed at Court then the Judge is going to give possession
You may be able to delay it a couple of months but nothing longer than that.
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
In reality you can only challenge if the agreement states it is personally paid and returnable.
Otherwise its simply a loan from you to the Ltd Company and forms part of that debt.
This is the reality
If the Company paid the deposit it goes to the supervisor
If you paid the deposit in the Company name it goes to the supervisor
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
Can I clarify anything for you about this today please?
, 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
Sure, I am sorry it is not better news..
Can I clarify anything else?
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
Yes once you rate the format changes so you can copy and paste it.
As for debt collectors unless you have a personal guarantee there is NOTHING they can do
Just tell them to go away
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