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UKSolicitorJA
UKSolicitorJA, Solicitor
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If a landlord terminates a company lease on proper grounds

Resolved Question:

If a landlord terminates a company lease on proper grounds while the company is under the protection of a court order is the landlord guilty of either criminal or civil contempt of court?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
-Could you explain your situation a little more?

Customer: replied 2 years ago.

 


Green frog investments ltd has just been gazetted(26/6)for liquidation owning £ 1.8m. My personal company, green frog fuel ltd is owed £500k.


While under protection of the court, the landlord terminated the lease and issued a new lease to a neighbour Regroup ltd. They are being obstructive in attempts to show prospective buyers of the assets around and the opinion is that there is collusion with the landlord to retain the assets without payment.


I am looking at a way to take legal action against the landlord for wrongful termination of the lease, possibly in collusion with Regroup and make a claim for damages(£1.8m?).

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

It appears to be a civil matter, not criminal.

You may file a claim for damages if the lease was wrongfully terminated but you would need to justify your claim and you have a duty to mitigate any losses you are faced with.

May I help further?
Customer: replied 2 years ago.

Does the breach of a court order constitute 'contempt of court' and if so, does this transgression lie with the court itself or the Official Receiver to take the action. This is significant because of the costs involved.

Expert:  UKSolicitorJA replied 2 years ago.
This is a civil contempt matter and the matter needs to be raised by the official receiver or one of the parties to the proceedings, not the court.

Hope this clarifies

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Category: Law
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