Help with Landlord in Receivership chasing rent???

[mattfreedom]

Hi

 

I rent a live/work space which went into receivership earlier this year. At the landlord's request we ignored it for a couple of months, but were then visited by the receivers. They informed us that we should pay no more rent to said landlord - we asked if we could stockpile the rent and then deal with whoever at the end of the period of receivership. They agreed, and begrudgingly, so did the landlord.

 

We have kept hold of all of the rent since then, in a savings account. On several occasions since then the landlord has told us that he is buying back the property from the bank and that we should pay the money into his account. Obviously we have not done this.

 

I'm concerned about our legal footing, because we've been told (again) that the landlord will be closing on the property this week, and that if we refuse to pay all the back rent across then our tenancies become 'null and void' and they will occupy the premises as a right of purchase.

 

We have been told that we should ask for the proof of sale to the individual concerned, the mortgage lender's agreement that the premises are suitable for letting, and a letter from the receivers that all back rent should be paid to the landlord.

 

It has become contact to the point of harrassment - we have received absolutely no documentation other than emails written in poor legalese with 'without prejudice' at the top of them. should we report this to any governing bodies? because of the breakdown in relations we suspect that we will at some point have to pay the money and then we will be evicted over whatever reason springs to mind. the landlord has a history of dealing with tenants this way.

 

we have also been told on the phone that interest on the amount of back rent of some 5 - 10% a day will be added to the charges!

 

on top of this, we have also been told that the receivership of the building was an illegal act and that we should chase it with the receivers. the whole thing seems a mess. if anyone has any legal knowledge that they can impart, it would be very gratefully received.

 

thanks.

[rebel11]

Hi Matt

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[bigegg]

Have you tried contacting the receivers? Sounds to me like the landlord is trying to get hold of the rent money behind their back - certainly don't give it to him until you've heard from them.

 

I recommend you vave a google for "illegal eviction", then draft an email to your landlord pointing out exactly what he's letting himself in for if he tries.

[NewSAHD]

Apologies for jumping in on the tail end of a thread.

 

For whatever it is worth I'd be seeking a suitably qualified and experienced Commercial Surveyor (RICS) to advise your here, before I write again to the Landlord. I don't mean for that to be a cop out on my part and hope the following helps in some ways though.

 

The RICS (rics.org) website, even google, yell and so on can help you identify local firms who could assist you here, of course. Over the years I have found that most Surveyors, as a Profession generally, can be very amenable - even before any fees may be paid - and may help guide you in the right direction too.

 

I mention this as there are statutory rights to renewal and so on for Commercial premises (as per the 1954 Act) and you would do well to explore this urgently and with suitably qualified advice here. It's not just your home, but your business too. Sorry, typing at speed, no offence intended.

 

You say that "We have been told that " but who advised you of this? I'm not disputing the advice you've received, I'm no position to comment too much, just curious.

 

Also, you say "should we report this to any governing bodies?"

 

This is commercial contract entered in to freely here between the parties (perhaps) so it may well have to be a case of gloves off to best protect yourself. So, that said, who is the Landlord? A private individual? One who is professionally qualified? A limited company (if so, you could check them out for a nominal sum online at Companies House, if you haven't already)? Are they a company that is a member of a professional governing body/trade association?

 

Worth doing some digging, perhaps, if you haven't already, as to who they are - obviously without alerting them to the same.

 

As for the Receivers get them to clarify their position, in writing, if you haven't already too, with regards their own position. Get them on side too, if you can, as you may be dealing with them in the near future...

 

My experience is in resolving Residential property disputes, my Commercial property management experience has been, thankfully, pretty much pain free to date.

 

Good luck and hope it all gets sorted soon.

Edited December 17, 2010 by NewSAHD
typo

[bigegg]

I've just re-read the thread, and in answer to your specific question:

 

If you feel you are being harassed, report it to the police.

Maybe mention that you are being requested for money fraudulently - if the landlord isn't entitled to the money,

and he's lying to you to get it, then that's fraud by my reckoning.

 

Just because the emails say "without prejudice", doesn't mean they can't be used in evidence in a criminal case.

Otherwise every kidnapper's ransom note would say it.

[NewSAHD]

Recall that there was a useful thread on CAG recently discussing 'harrassment' from a Landlord and how best to approach the local Police about it... if I can remember the details I will post again, but may well be worth mattfreedom searching for the post too

[bigegg]

I've had a quick look, and didn't find anything. Appreciate a link if it's found?

 

I've sort of concentrated on debt-collection law for the last couple of years, studying housing law now due to neccessity, so any pointers useful :.)

[NewSAHD]

Hi, I've had a look for the thread on CAG too, but can't find it

Rather than attempt to set it all out - especially at this hour, having slept in the car too long story - have a read through

 

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction/what_counts_as_harassment

 

as it's very helpful, although not the information I had in mind

 

The thread I had in mind was about how best to get the Police to help. Recall the general advice was that the Duty Police Officer may not understand matters, view it as 'simple' disagreement between Landlord and Tenant, say it was Civil matter, and you'd be asked to be on your way.

 

I think the general consenus was split between those that said

 

a) this was not unreasonable, perhaps, as the 'ordinary' Police could not be expected to know everything and

 

b) those who said, nope, that's just plain wrong, politely insist on it be recorded as harrassment, even if there was no earthly of the Police doing anything, and keep it factual (obviously). The point being, I'm sure, that you would at least then have a Crime ID number, if only to help properly document matters later, if needs be

 

I've really not had any great need to ever consider these matters before, but if I can find the thread will certainly post again

 

At the very least this may serve as a bump to anyone who has a better understanding of this though

[bigegg]

I remember that thread - it was on the "cheekiness towards dcas" thread I think. Almost certainly in the debt collection forum if not I think.

[NewSAHD]

Another place could be

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?213211-Victimisation-and-Attempted-Prosecution-by-Jobcentre

 

although that post is nothing to do with me, more that the poster there, FitzWilliam, sent me some useful information on an unrelated matter awhile back

 

Signing off for now, but will try to check back in later