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Alex J.
Alex J., Solicitor
Category: Bankruptcy Law
Satisfied Customers: 3843
Experience:  Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
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Hello Last year receivers took back 5 flats that were in a

Customer Question

Last year receivers took back 5 flats that were in a block and sold them.
Completion has not taken place but due in the next few weeks.
All the flats were BTL and had furniture and freestanding white goods in them.
I sold all the items a few months before the receivers took over and was planning to pay rent for them to the buyer – for cash flow reasons.
I have not paid any rent to the buyer since the receivers took over and now the receivers have asked for evidence as they think I own them.
The buyer obviously wants compensation if they are going to be left in the flats and back rent.
Where do I stand and where does he stand?
Evidence is easy as it was just an invoice but do the receivers have to pay him for the back dated rent and compensation or would it be better to say I still own them.
Thank you
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Alex J. replied 4 years ago.

Thank you for your question and welcome to Just Answer.

If the items have been validly sold then the buyer is entitled to collect them and the receiver should allow the buyer reasonable access to do so.

The receiver is under no obligation to pay rent for these, if there is any rent payable to the buyer then it is your creditor.

Does the buyer actually want possession of the items concerned?

Kind regards

Customer: replied 4 years ago.

Not really as he does not have anywhere to store them, but also part of the tenancy agreement for each flat is these are supplied so we would be unable to remove them?

Expert:  Alex J. replied 4 years ago.

Thank you.

It is difficult because these items are now in the possession of the receiver. The receiver alone has to make the decision.

Any liability for your failure to pay rent on these will be your responsibility. It may therefore be best for you to just buy the items back as that would extinguish your liability to their current owner.

I look forward to hearing from you.

Kind regards