Permitted Occupier's Liability to Landlord

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    Permitted Occupier's Liability to Landlord

    Long story, so I'll try to summarise:

    1. Property is let to Limited Co. to be occupied by their Commercial Manager
    2. Property is trashed and rent is defaulted on (2 months' non-payment)
    3. LL obtains CCJ's against Limited Co. but this then goes into liquidation
    4. IP finds there is not money left to repay company debts

    Note that although the tenant was the company, the Commercial Manager was named on the tenancy agreement as the sole permitted occupier.

    As I know where he lives and works I am considering suing him for the damage he caused to the property.

    Is this feasible?

    #2
    He was not the tenant, you had no contract with him. The damage etc is the responsibility of the failed company. In extreme situations (and I suspect this wouldn't be one) it is possible to sue the ex-directors of a company if you believe that they acted with a will to defraud you.

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      #3
      Originally posted by Snorkerz View Post
      He was not the tenant, you had no contract with him.
      True. Cannot do anything to recover the unpaid rent.
      That said if someone causes damage to your property I believe that they are liable to compensate you for that, so if OP can reasonably prove who caused the damage he might have a valid claim... (This is speculative).

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        #4
        As I said, he was the sole permitted occupier, so he either caused the damage or permitted it to be caused.

        I wonder if one of our legal eagles can point me in the direction of the right piece(s) of legislation?

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          #5
          You never get a reply when you need it.

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            #6
            Simple rule:

            He who causes damage pays.

            Comment


              #7
              Originally posted by Lawcruncher View Post
              Simple rule:

              He who causes damage pays.
              What happens in respect of the CCJ already obtained against the [now liquidated] limited company? Does the fact that the judgment debtor no longer exists 'cancel' the judgment, or must OP have this set aside before pursing another party for the same thing?

              Comment


                #8
                Originally posted by westminster View Post
                What happens in respect of the CCJ already obtained against the [now liquidated] limited company? Does the fact that the judgment debtor no longer exists 'cancel' the judgment, or must OP have this set aside before pursing another party for the same thing?
                I cannot see why the judgement should prevent the OP from suing the occupier. Apart from anything else the company is liable under contract and the occupier under tort.

                Comment


                  #9
                  Originally posted by Lawcruncher View Post
                  I cannot see why the judgement should prevent the OP from suing the occupier. Apart from anything else the company is liable under contract and the occupier under tort.
                  Even so, I don't think any judge would rule in favour of L as there was no contract between occupant and L. I always had at least one personal guarantor where tenant was a company.
                  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.

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                    #10
                    Originally posted by Paul_f View Post
                    Even so, I don't think any judge would rule in favour of L as there was no contract between occupant and L.
                    Not relevant as the claim would be in tort.

                    Consider the three following situations:

                    1. You are an owner-occupier and X damages your property. Can you claim against X?

                    2. You are an owner and let to Y and X (a non-occupier) damages your property. Can you claim against X?

                    3. You are an owner and let to Y and X (an occupier) damages your property. Can you claim against X?

                    If the answer to 1 and 2 is "yes" (which it is) then the answer to 3 must be "yes".

                    Comment


                      #11
                      Originally posted by Lawcruncher View Post
                      I cannot see why the judgement should prevent the OP from suing the occupier. Apart from anything else the company is liable under contract and the occupier under tort.
                      But let's say the company was still up and running, and OP was in the process of trying to enforce the judgment. OP surely could not claim again against the occupier, for the same costs of repair for which he'd already obtained a judgment?

                      Comment


                        #12
                        Originally posted by westminster View Post
                        But let's say the company was still up and running, and OP was in the process of trying to enforce the judgment. OP surely could not claim again against the occupier, for the same costs of repair for which he'd already obtained a judgment?
                        Starting to move outside my territory here.

                        I think it probably comes down to enforcement. Clearly you cannot collect more than you are owed.

                        Comment


                          #13
                          Originally posted by Lawcruncher View Post
                          Starting to move outside my territory here.

                          I think it probably comes down to enforcement. Clearly you cannot collect more than you are owed.
                          I totally agree. The point is that despite the judgment I didn't collect anything because the company went bust.

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