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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Dear Sir, We have a property that was formally owned by

Customer Question

Dear Sir,

We have a property that was formally owned by my Father that he was leasing to one of his companies the company held the lease that was set up by him to pay the mortgage he was a director of the that company as well so expect you would say he was an owner occupier.

The problem the bank in 2008 withdraw the company overdraft in trying to clear the bank the mortgage payments became in arrears but the court agreed to a payment plan which was kept up but alas the bank appointed a Administrator to the company.

I continued to pay the mortgage for the property my Father owned, in Feb 2011 my Father was adjudged bankrupt after guaranteeing the companies debt to the factoring company who withdraw the overdraft this taking place just 2 months before the appointment of the Administrator, I continued to pay the mortgage.

We then had communication from my Fathers Trustee who said I should pay the mortgage payments to him so I did but I also had demands from the bank saying I should pay them, out of confusion I stopped paying anyone, I now have a winding up petition from the trustee I went to court in Brighton and the Judge adjourned saying I must get legal advice, can you help me sort this mess out. the judge also order the petitioner to make it clear what their claim was.

The mortgage payments I have made would cover the rent on the building until February next year 2014.

Kirsty Skellon, [email protected] Tel XXXXXXXXXXX
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you have a specific question please?
Customer: replied 4 years ago.

Dear Law Denning


It is a matter of determining what rental should have been paid that will be the arguments in court to what the forma documents say and why did the bank not discuss the situation with the occupier as opposed to just collecting the mortgage payments that had nothing to do with the rent of the building.


The winding up petition against the company relates to mortgage payments and not the rent and as my Father was adjudged bankrupt who now owns the building the Bank or the Trustee or the state.

Expert:  James Mather replied 4 years ago.

Thank you.

If the property is owned by a company why have you been paying
the mortgage?

The winding up petition is in respect of what? The company that
owns the property or the company that rents and occupies the property?

I will tell you that when the judge said that you took legal
advice, he does actually mean sit down with a solicitor rather than search for
it on the Internet. I appreciate that you know that you are speaking to a
solicitor in me but the judge will not know that and you are going to have to
see a solicitor at some stage therefore.

You say that the property was formerly owned by your father but
if he went bankrupt, the property would be vested in the trustee in bankruptcy
unless the trustee disclaimed it because there was no equity in it.

I'm sorry, but at the moment I cannot understand what's happening
so you need to regurgitate the facts from start to finish please.


I then need to know what your question is please