How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

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 We were on a rolling contract which has now been rescinded by the property management company (our 3-year fixed term contract having expired approximately 2 years ago).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: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 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 2 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 2 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.