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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25502
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi, I am leasing some land from a company that has just been

Resolved Question:

Hi,
I am leasing some land from a company that has just been dissolved, 8th april 2014, does my lease still stand. what rights have I got if I had a planning application in with regards XXXXX XXXXX land.

thank you
Cath Ruocco
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you have checked to see if the company had administrators or liquidators appointed please? Was this a voluntary or compulsory liquidation to your knowledge?

Customer:

Hi, I am still waiting to hear back from companies house. I do not know why the company was dissolved. I believe that land/property reverts to crown if a company has been dissolved but just wondered what happens to leases with that land.

Joshua :

Thanks. You can normally check online re liquidators using the Webcheck service on companies house.

Customer:

yes i will do that but what about my lease does it still stand.

Joshua :

In any event your lease remains binding. The freehold may be sold on to a third party or if not transferred to the Treasury under bona vacantia. You could potentially consider an offer for the freehold to the liquidator or treasury if you wished. Regardless of whether you did or did not, the lease remains valid as an interest in the land and would bind any future purchaser of the freehold.

Joshua :

Do you pay a rack rent for the lease or is it a nominal ground rent?

Customer:

what about any planning applications, would it affect that at all. the title deeds are still in the name of the dissolved company. if it does go to the treasury can this affect any planning applications.

Joshua :

Planning applications would be made under your lease presumably. Providing they effect your lease and not premises outside of your lease this should not be material. If you need consent under the lease from the landlord for works though you may have to look at indemnity insurance rather than obtaining consent from the freehold which may not be possible.

Customer:

so anyone objecting to my planning application cannot challenge it with this new information. the planning application has some strong objectors to it and it will entail accessing the land by a private road not owned by the dissolved company.

Joshua :

The dissolution of the freehold company is not a ground for an objection in and of itself. There may of course be (and are from what you say) objections for other reasons however which similarly will be unaffected.

Customer:

thank you for your help

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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