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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice.
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Hi there, We (a non-profit making youth service) have a

Customer Question

Hi there,

We (a non-profit making youth service) have a court date this week for trespass (arising from rent arrears) served by our landlord -a company that has been dissolved since February. We were on a rolling contract which has now been rescinded by the property management company (our 3-year fixed term contract having expired approximately 2 years ago). Does the dissolved status of the company bringing proceedings have any bearing on their standing in this matter in court?

As we are representing ourselves in court what could we do if anything before Friday to have the case dismissed?

Your assistance would be gratefully appreciated.

Best

Simon
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Were the proceedings against you first started?

Have you had any correspondence with the company since February?

Is this claim being dealt with by the liquidator?
Customer: replied 3 years ago.

Hi Jo,


 


Thanks for getting in touch.


 


1. Please re-phrase your first question.


 


2. We have only had the court summons from the landlord served 13th March 2014 and a witness statement from the property management agent (who we normally deal with re our occupancy) served today.


 


3. According to the Notice of Trespass Hearing in the county court there is no mention that the claim is being dealt with by the liquidator. Is there somewhere else I should look to establish this?


 


Many thanks


 


Simon

Expert:  Remus2004 replied 3 years ago.
That answers my question which was, “when were the proceedings against you first started”.

If the company has been dissolved since February, then it no longer exists and cannot issue proceedings.

My suggestion would be to write to the court with whatever you have from companies house showing that the company has been liquidated and ask for the claim to be struck out however it is now a bit late for that if the hearing is this Friday but there is no reason why you could not write in anticipation and hopefully the correspondence will be already in front of the judge by the time Friday comes.

However it is highly likely that although your landlord company may be dissolved, another company will have taken over the freehold in which case however the proceedings should be issued in the name of whoever has taken over the freehold. From what you have told me, that is not something for you to worry about but that is something for whoever now owns the freehold to worry about.

Can I clarify anything for you?

Jo