Letting by a dissolved L/Agent- is it valid?

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    Letting by a dissolved L/Agent- is it valid?

    If the management company on the lease is listed as a dissolved company on an online database (I can't find any information about this company anywhere else!), does that make the lease void?

    #2
    Originally posted by taylorlouise View Post
    If the management company on the lease is listed as a dissolved company on an online database (I can't find any information about this company anywhere else!), does that make the lease void?
    No because there will still be a freeholder. You will need to contact them and look to set up a new management company.

    Comment


      #3
      management company defunct

      of course it doesn't make your lease void; you paid valuable consideration for the lease and that is not lost; all it means is that you no longer have the covenant of the management company to manage. Typically, in this scenario, which is more common than you might imagine, management of the estate may be carried out by the freeholders, but the freeholder is not necessarily obliged so to do. Your lease will probably set out the arrangements in this scenario.

      If you and your co-lessees have the energy , and the company wasnt struck off too long ago, then you may be able to petition at court to have the company restored to the register and thus come back to life....! It will cost several hundred if not a thousand pounds to have the company restored to the register.

      Very unsatisfactory all in all, but you havent lost your home

      Comment


        #4
        management company mentioned in the lease defunct

        Originally posted by Poppy35 View Post
        No because there will still be a freeholder. You will need to contact them and look to set up a new management company.
        That's not quite right, a new management company will not be the management company referred to in the lease. In practice a new management company is unsatisfactory as there will not be mutual covenants in favour of such a new company. In reality the lessors will most likely instruct a managing agent to carry out the function of the management company. You might consider taking the bull by the horns and applying for an RTM order or an acquisition of the freehold and doing it yourselves; but of course this is a major commitment both financially and in the effort involved

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          #5
          Basically, my boiler has been broken for over a month and the management company have failed to fix it. I want to break the lease and get my deposit back...

          Comment


            #6
            The management company was dissolved in 2007. I signed the lease in 2009. Does that make the leave invalid?

            Comment


              #7
              I think we have completely confused (and you don't understand proper terminology) of 'leases'. You are referring to an AST presumably, whereas we believed you were a long leaseholder of a flat.

              Can you provide more information please, such as:

              1. What is your problem?
              2. What type of agreement do you have (AST for six months followed by periodic monthly arrangement)?
              3. What is your monthly rent?
              4. Where do you live?
              5. Who is named as your landlord in your rental agreement?
              6. What do you want to achieve?

              Comment


                #8
                Originally posted by taylorlouise View Post
                The management company was dissolved in 2007. I signed the lease in 2009. Does that make the leave invalid?
                In 2009, did you merely buy an existing lease- is that perhaps what you mean?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  I signed a 12 month lease (which I believe is the proper termination) through Foxtons with a management company called Bingham Elliot for a flat on North End Road. So the lease agreement is between myself and Bingham Elliot. After months of misery, I looked up this management company, which was dissolved in 2007. Does the fact that the management company did not exist at the time of signing the lease invalidate the agreement?

                  Comment


                    #10
                    Are still paying rent to the bank account of the dissolved management company ?

                    Comment


                      #11
                      Originally posted by taylorlouise View Post
                      I signed a 12 month lease (which I believe is the proper termination) through Foxtons with a management company called Bingham Elliot for a flat on North End Road. So the lease agreement is between myself and Bingham Elliot. After months of misery, I looked up this management company, which was dissolved in 2007. Does the fact that the management company did not exist at the time of signing the lease invalidate the agreement?
                      Aha! So you yourself are not a long-leaseholder. Your relationship is only with whoever is the flat's long-leaseholder.
                      Quickest resource: use HMLR to find out who owns long leasehold. That's your L, no matter what the Letting Agreement says.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment

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