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Hi Joshua, you answered a question for me on the 21st March. Order id 15101938-370. I don’t know if you can find the question from that or in you want me to copy and paste?
Following on from that question, we acquired the site and have done some more work looking into the accounts and speaking to the former owner of both the land and the fish farm. (One and the same person) Although he is reluctant to put anything in writing, he has confirmed that he never had a lease and there are no rent payments shown in the accounts. Furthermore he took a loan out on the full site 2 years after the lease is claimed to have begun and states categorically that he personally owns all the land and buildings and there is no lease on any part of the land or building and a mortgage was granted on this basis.
As such we believe that he had a tenancy at Will.
The liquidators are now threatening to “make the necessary applications to the Court with regard to your possession of the property in contravention of Section 130 of the Insolvency Act 1986 in order for the Liquidator to carry out his statutory duties in realising the company’s assets.”
We believe that if there was only a tenancy at Will then this would not stand, it is only correct if they had a lease.
Is this correct?
Thats great, thanks
Yes thats right
That seems quite clear. However, the liquidator began a winding up order of the company in 2010, the morgagees repossessed the land and property in its entirety in 2013 allegedly in breech of the Insolvency Act 1986 Sect 130. The 2 parties have been at a stalemate ever since as neither will budge from their stance. How do i bring it to a head? Is there a notice i can serve (I have the keys and possession, but have been advised not to remove any assets - although there is no value remaining.) i will give access to remove anything they want!
Mortgage was granted to the individual, secured on his home, the land the fish farm was built on and the commercial unit used by the fish farm.
That is great, thank you for you help once again.
I will leave you positive feedback on your excellent service.
Wish me luck!!