Company let - Liquidation

  • Filter
  • Time
  • Show
Clear All
new posts

    Company let - Liquidation

    We let a property to a company using a company let agreement. The company is the tenant and its employees the occupants. The company has defaulted on the rent and is now in voluntary liquidation. We have served notice in line with the agreement and my questions are:

    1. is there any way to gain possession of the property quicker than the notice period?
    2. If the occupants do not leave the property what do we do then as a section 8 notice would not apply?(the occupants have advised us that they may no leave as the company has, apparently, been taking payments for the rent from their wages)

    many thanks

    You simply use common-law contractual procedures to end the Company's tenancy.
    The Company is then obliged to procure vacant possession in order to hand-back to you a fully vacant property.
    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
    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).


      I thought with a company let you would serve a notice to quit on the company and as soon as you had done this the tenant the company had sub let you automatically becomes your (the landlords) tenant and you can then go through the normal process of eviction.

      Where you stand if the deposit hasnt been protected (for the sub tenant) and if is not passed over to you I dont know.


        What many Ls do not realise is that when you have a company tenant, then the person who signs the TA on its behalf must have the authority to do so and I find quite a few do not have the correctly authorised signature. It will be in the Memorandum or Articles of Association normally. Also it must have the company's Registered Address on it, and in many instances, it is just a local office, which is insufficient. Unless all this was in place then I'm afraid your chances of obtaining back rent are minimal and if using contractual procedures then you need to serve notices in the right place. You might want to contact any appointed Receiver/Administrator.

        I have always had personal guarantors for any company lets just in case the above situation arises with regard to unpaid rent, and dilapidations.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


        Latest Activity


        • Reply to Prospective Tenant with IVA
          by Jon66
          IVAs have a high failure rate. Do you know which IP it is with, that might sway me? However an iva for me might mean bad life choices, and there's plenty of prospective tenants out there without this as an issue. How long have they been a couple?
          17-09-2021, 00:07 AM
        • Prospective Tenant with IVA
          by MassivePing
          Evening All,

          I’ve seen and read previous posts on the above matter but just wanted thoughts on what you would do in my current situation.

          I’m a private landlord not using a letting agency and spent most of last week with viewings of prospective tenants. The couple we chose...
          16-09-2021, 22:42 PM
        • Reply to Landlord Opinion Wasn't The Correct Opinion Then
          by Ted.E.Bear
          I suspect it was removed because they didn't ask for permission before their PM spamming.
          Some people have very weird ideas about how academics work....
          16-09-2021, 22:05 PM
        • Landlord Opinion Wasn't The Correct Opinion Then
          by landlord-man
          I see the 2 professors researching landlord opinion didnt much care for those opinions sfter all.

          The thread appears to have gone.

          We really do need to conform and not have our own thoughts - silly landlords!!...
          16-09-2021, 20:03 PM
        • Reply to Electrical Wiring Query
          by Neelix
          Who has decided it’s unsafe?...
          16-09-2021, 21:24 PM
        • Electrical Wiring Query
          by FindaLot
          If an appliance has been wired in a wholly unsuitable manner that has been deemed "unsafe", thus making it a potential safety hazard, what particular regulations would be applicable? There appears to be some overlap here, such as the General Product Safety Regs, Electrical Equipment Safety...
          16-09-2021, 19:42 PM
        • Reply to Annex
          by Dreamingofsea
          Would it be more convenient and practical for you to just give the annex it’s own washing machine? If there is a kitchen there will be somewhere you can plumb in a washing machine. Then (perhaps) being totally self sufficient it would give you a clear cut answer as to what contract to use eg an...
          16-09-2021, 21:09 PM
        • Annex
          by Lammas13
          I have a self contained annex, it has kitchen, shower, toilet and own entrance from the alleyway.
          when we bought our house it was already there. It was build with proper planning permission.
          How do I go about renting it out. Washing machine would have to be shares in the main house. ...
          15-09-2021, 17:44 PM
        • Reply to Landlord Opinion Wasn't The Correct Opinion Then
          by steaming
          I wrote a considered response from fifty years of experience both as a landlord and as working for a good and going the extra several miles letting agency and it wasn’t even published. The pool of rentable property will continue to shrink in proportion to the inability to regain control of the pr...
          16-09-2021, 21:05 PM
        • Reply to Landlord didnt tell us that our rented flat has unsafe cladding.
          by Hudson01
          The vast majority of residential dwellings in this country have mains gas and mains electricity...... there are far fewer that have combustable cladding on the outside of the dwelling, which then greatly increases the risk of a fatality should a fire start. I do not consider fire marshals the same as...
          16-09-2021, 20:49 PM