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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took over a small snooker club in June of last year

Resolved Question:

Hello, I took over a small snooker club in June of last year first of all on a 1 year lease. I met with my landlord about 4 weeks ago and we agreed to extend the lease for a period of 5 years. As it was getting close to the end of my lease I have been trying to contact him over the past couple of weeks to get the new lease signed but he has been very difficult to get hold of.
To my surprise last Friday I received a phone call from an accountancy company saying they had been appointed by the court to wind up my landlords company.
My question is where do I stand ?
The accountancy company has asked me to send them a copy of my lease agreement and told me that any future rent payments are to be made to them to pay off debts of my landlords company
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Have you seen a copy of the Court order please?
Alex
Customer: replied 2 years ago.
No I haven't the accountancy company just called me at the club saying they had been appointed by the court.
I have looked online and they are a legitimate company and I called them back to verify the number plus my own accountant informed me they are one of the top 6 in the UK, plus online I have verified that my landlords company has been put into liquidation
Customer: replied 2 years ago.
Hello again sorry did you receive my last answer ?
Expert:  Ash replied 2 years ago.
I would ask to see the court order. Do you have a right to renew?
Customer: replied 2 years ago.
No I don't think I have a right to renew , as we did the lease for 1 year and both parties could walk away if they didn't feel this was right fro them, I am contacting the official receiver again tomorrow to possibly clarify things , all they have said is that eventually the property could be sold to satisfy the debts
Expert:  Ash replied 2 years ago.
What does it say about insolvency etc?
Customer: replied 2 years ago.
Hi I am not sure about that I don't have my rent agreement with me at the moment
Customer: replied 2 years ago.
Hello, there are no clauses that mention insolvency in the rent agreement
Expert:  Ash replied 2 years ago.
Or bankruptcy or anything ?
Customer: replied 2 years ago.
No nothing in there, I had agreed with him for a continuation. In my rent agreement it does state that if I haven't got a new agreement I have to leave, but who now owns the property , the official receiver or my landlord still ?
Customer: replied 2 years ago.
It is HMRC THAT HAS WOUND THE COMPANY UP through the court and it was wound up on 27th April 2015, so does my landlord still own the property ?
Expert:  Ash replied 2 years ago.
It's bad news I am afraid. If the company has been wound up then it no longer exists. If it does not exists then there is no contract between you and the receiver. This means that any contract has ended. The receiver may allow you to stay and pay rent to them.
However now you have a tenancy at will. That is it is at the discretion of the receiver. They can ask you to leave and sadly there is nothing you can do,
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?
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex