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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4641
Experience:  Solicitor
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I have leased a flat to a Limited company who are a lettings

Customer Question

I have leased a flat to a Limited company who are a lettings company on a 5-year lease agreement for £1000 per month. After a few months, I discovered that they have dissolved this limited company and declared it to HMRC as dormant. They have done a HMO with my property and I want to take it back. As far as I understand it, her company lease is now nil and void. Can I enter the property and change the locks etc? and what about her tenants who are on lodgers agreements. what is the correct process?
Submitted: 10 months ago.
Category: Property Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear the Company which has signed it, has now been dissolved?

Customer: replied 10 months ago.
dissolved
Expert:  Jamie-Law replied 10 months ago.

The contract has ended. But you cant just change the locks because you do not have a right and there are 'sub tenants' there.

You need to go to Court and seek an order for possession against YOUR tenant.

Then once you get this you can change the locks and give the tenants new keys.

But you need an order for possession before you can do this.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
MY tenant is no longer, they are dissolved, so I cannot get an order for possession against my tenant. no?
Customer: replied 10 months ago.
I want the sub tenants out as I will incur their deposit problems. The other problem is I know the LTD company will damage the property to spite me
Expert:  Jamie-Law replied 10 months ago.

Then you must need an order for possession against the sub tenants.

You need an order for possession against your tenant AND sub tenants.

You can NOT change the locks.

You MUST MUST MUST get a Court order.

Does that clarify?

Customer: replied 10 months ago.
ok, but what can a Limited company do if they no longer exist? I can speak to the sub letters BUT not to the original company as they are no more.. so how can i serve notice on a dissolved company?
Expert:  Jamie-Law replied 10 months ago.

You serve it at last known address for them - at Companies House (the one on file)
Does that clarify?

Customer: replied 10 months ago.
what can the consequences be if I take back possession tomorrow? how can a non entity sue me?