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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3667
Experience:  Solicitors 2 years plus PQE
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For alex - just left you one last question which was if the

Customer Question

For alex - just left you one last question which was if the company as not appointed an administrator is the landlord at all liable by forming a new lease.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.

Hi, Thank you for your question and welcome. My name is XXXXX XXXXX I am a company law expert. I have read your dialogue with my colleague. There is one crucial issue here that has been missed out - if the old company to which you loaned money to has gone into an insolvency procedure and the director of old company has since gone and formed a new company with the same or similar name, he is potentially guilty of an offence under S.216 of the Insolvency Act 1986. For this it is not a criminal offence but the director can be held personally liable for the old company's debts. If the landlord has issued a lease to new co and old co has not actually gone insolvent and is still paying the rent, then the landlord is in breach of the lease and old co will have a claim against the landlord. You as a creditor can only influence this by appointing an administrator or liquidator that is friendly to you. Do you have any security for your loan e.g a debenture and does the old co have any assets? Kind regards AJ