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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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my commercial property got repossessed today (public house)

Customer Question

my commercial property got repossessed today (public house) after months of being up for sale and lease, had no viewings till this week and had a buyer lined up for the lease which would have completed within the next two or three weeks, as I was up for eviction I completed a n22 form to ask the court for an extension to complete the lease this would have given me the funds to pay my arrears and also meet my monthly mortgage payments with the rental income from the pub thus saving my property .
as I explained this all to the judge this morning I felt that she was going to grant this extension then to my utter surprise and shock the solicitor who was working on behalf of my mortgage company (commercial first) told the judge that commercial first had decided not to let me lease the public house so as I could not pay my arrears today and of the fact that commercial first refusing to let me lease the judge had no option but to grant the order of eviction .
cant understand this as commercial first did agree to a lease in January 2011 when I was also in arrears , how do I stand in law with this as I now have lost my property when it could have been saved , also why didn't commercial first tell me they where not going to agree to a lease back in October 2014 when I told them that I had put the pub up for not only sale but lease also.
Regards ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Was this a stay of eviction or just the possession order please?
Customer: replied 1 year ago.

both

Expert:  Ash replied 1 year ago.
The test in Court is this - do you have a realistic prospect of paying the arrears over a reasonable time.
If the mortgage company agreed and then changed their mind, unless they knew that you were going to lease it (ie a lease was on the table) and they agreed in writing, they are entitled to change their mind. You have a contractual right to pay certain payments and if you do not then sadly they are entitled to their legal remedy which in this case is possession.
If they agreed and knew about this new lease was on the table and you have this, then there is a ground for appeal. If they did this then you have a legitimate expectation that they would allow you to complete.
But you can only rely on this if they knew about it, consented but then changed their mind.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

they only new about the offer of lease yesterday ,they never consented nor changed their mind but they did know an offer was on the table both yesterday and today in court , so is there ground for appeal and yes as I have said I would of been able to pay my arrears had I been able to get the lease arranged which would have taken two or thee weeks

Expert:  Ash replied 1 year ago.
On that basis then you may have a ground for appeal. But you need to show that the Judges' decision was wrong and unreasonable.
Does that help?
Alex
Customer: replied 1 year ago.

it helps but what is my next step now , what would you advise

Expert:  Ash replied 1 year ago.
You now need to lodge an appeal.
Its form N161
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf
The court will consider permission to appeal on the papers. If that is refused you can ask for an oral hearing. If that is granted you go ahead with your appeal.
If the appeal is refused then it is the Court of Appeal that would deal with it.
Alex
Customer: replied 1 year ago.

can I do this my self and does it cost money would I need a solicitor and if so what sort would you recomend

Expert:  Ash replied 1 year ago.
Yes you can do this.
You can also get representation. The cost for an appeal around be about £2000.
Alex
Customer: replied 1 year ago.

how soon do I need to appeal as don't have that sum of money lost my pub lost my income what time scale is there months years ??

Expert:  Ash replied 1 year ago.
You have 21 days to appeal. Timescale assuming permission granted, a couple of months.
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ash replied 1 year ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.
Expert:  Ash replied 1 year ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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