RE: commercial landlord

[jfadeyi1]

i recently sold my business. can the commercial landlord hold me personally responsible for unpaid rent of a limited company. I am a director of a limited company. i was offered a lease sometime in 2011 which i signed but never become effective. apart from that, i never had a tenancy agreement. i had an informal assignment of the tenancy agreement from the previous owner.Nothing signed. I had a letter from the landlord solicitors dated last month offering me a ten year lease, nothing mentioned about owing arrears.The landlord is being vindictive because i sold the business without his knowledge. Can the landlord make me bankrupt. He is alleging i owe him in the region of £15,000 to £20,000 in unpaid rent. This represent over 2 years unpaid rent.its absurd. If at all i owe some rent i believe i owe in the region of £5000 over 4 years. Do i have to pay him. What are my options please. Really stressed out because i don't want to lose my family home

[mariner51]

How many years are left to run on Lease? Did you read the Lease before it was assigned?

[jfadeyi1]

There was never a lease neither was there any tenancy agreement.I was offered a lease in 2011 which i signed but never completed by the landlord but i was offered a subsequent lease last month which i never signed because i sold the business last year November

[mariner51]

You signed a non-effective? commercial Lease in 2011 and had an informal Assignment of Lease from a previous owner. Sounds like someone is owed some rent, get (Co) Solicitor/accountant to check any pqperwork

What was the nature of your business and purpose of the rental? Any legal debt can be pursued and appropriate recovery action taken. Forcing bankruptcy may be counter-productive, but a valid option.

[jfadeyi1]

what is implied by an informal assignment of a tenancy agreement. There was never a lease like i said. I just took over paying the rents.

[jfadeyi1]

All the landlord is relying on is the informal assignment of tenancy agreement from previous owner of the business according to the solicitors letter. i was offered a ten years lease last month which i never signed

[ericsbrother]

You ask about possible debts of a limited liability company. Did you personally sign a guarantee for the debts or lease? If not then the landlord will have their work cut out proving that nay contractual obligation exists that hold you liable. You say you sold the company- then whoever bought it bought any liabilities as well unless you mean you liquidted the company. If the latter then you had better make sure it was would up properly or you can be made liable.

[jfadeyi1]

Never signed as a guarantor, never signed a lease, never signed a tenancy agreement. All the landlord is relying on is an implied informal assignment of tenancy agreement from previous owner. Nothing signed. Just took over paying rent from previous owner with a verbal agreement

[ericsbrother]

then the agreement exists but the terms of it can be disputed. Does the landlord accept that you agreed to taking on the assignment as a company or does he see it as being a personal responsibility. If the latter then it will be up to LL to prove rather than you disprove. It is still not clear what you took over, an existing business with its existing liabilities or a property that had previously been used by another business with different directors and no transferred liabilities.

The LL/solicitor will try and get you to pay as they have no-one else to chase so get someone to write up a letter stating your case. You didnt say whether the company was wound up or is still a legal entity registered at CH

[jfadeyi1]

I have written to the LL solicitors disputing the debt as there was nothing written.All letters from solicitors not addressed to me personally but to the limited company until i sold the company. i personally think the LL is ****ed off 'cause i sold the business without his consent and he is trying to bully me.The company still trading with new owner, still a legal entity registered with the CH but trying to get my accountant to liquidate the company.