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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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, I was looking to get some advice, I have a license on a

Customer Question

Hi, I was looking to get some advice, I have a license on a property in Blackburn which I have occupied since July 2012, In November a company called GVA administrators turned up to value the property for the receivers, according to them ***** ***** our Landlord had not made mortgage repayments to Natwest since 17th of August 2012 and he should not have been collected rent from ourself, they advised us to stop making payments to ***** ***** as whilst they company was with the receivers it would be them who collected the rent. I checked with my accountant who agreed this is usually what happens ans stopped the monthly direct debits. Since then the receivers have notified us that the lease was deemed fraudulent and they do not require any rent payments as this would mean they agreed with the lease which they dont. Then Two weeks ago Mr ***** ***** personally bought the building back off the receivers and he is now demanding back payment of rent, i wanted to check whether he was within his rights to demand back rent? He has not provided me any legal documentation and has been very pleasant throughout this procedure and the building is in very poor state of repair. I was hoping to have a meeting with Mr ***** ***** this week as agreed last thursday to come to new tenancy arrangements, he has today threatened further action if the money is not paid back today! Please let me know if you require any further information, Thanks ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Legally the administrators were due the rent but they refused to accept it so as not to personally bar themselves from challenging the lease as fraudulent if they sought to do so.
This does not mean, however, that Mr Carter was due the rent as he wasn't. He was not in control of the premises at the relevant time. However, in practice you may have to negotiate with him if you want a new lease.
Happy to discuss further.
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Customer: replied 2 years ago.
Thanks for this response, the landlord has turned up at the premises demanding the money and threatening repossion if we do not pay all back rent immediately, please can you advise what the best way to deal with this situation is?
Kim
Expert:  JGM replied 2 years ago.
You have to refer him to the receivers. If he tried to repossess you could argue that he has no title to sue for rent during that period.
However, if you want a new lease you may have to negotiate with him.

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