Landlord not giving back deposit, but a twist with it!

clockworks_2

Guys

This is a long story and i can't find any similar situtaions,

I rented a small commercial workshop from a company (lets call it A) my landlord was called John who owend company A , the company were subletting it from the another company who owned the building ( lets call it .

Compnay A had dissolved their status as a company a year ago, the moment Company B found out they "evicted" company A and took up the agreement with me direct. Company B said they didnt have an agreement with John, but with his company A- which if dissolved makes thier agreement null and void.

John /Company A now hasnt given back my deposit and has been delaying for 10 months, my agreement was with John as a sole trader.

any ideas what i can do?

Gorgeous_George

Join the list of creditors and keep your fingers (let's call them C) crossed.

GG

N79

clockworks wrote: »

Guys

This is a long story and i can't find any similar situtaions,

I rented a small commercial workshop from a company (lets call it A) my landlord was called John who owend company A , the company were subletting it from the another company who owned the building ( lets call it .

Compnay A had dissolved their status as a company a year ago, the moment Company B found out they "evicted" company A and took up the agreement with me direct. Company B said they didnt have an agreement with John, but with his company A- which if dissolved makes thier agreement null and void.

John /Company A now hasnt given back my deposit and has been delaying for 10 months, my agreement was with John as a sole trader.

any ideas what i can do?

Well which is it - does company A or John hold the deposit. If company A then contact the administrators and register as a creditor (if it is not to late) although it is almost certain that the deposit is lost. Was A a ltd company? If John then LBA and then off to the small claims court.

clockworks_2

John holds the deposit, and my agreement was with him , not with company A.

His agreeement with with Company A to company B which is why he got evicted.

He has also now reinstated Company A- he keeps holding us off from the deposit saying he is taking Company B to court.

confusing i know! Thanks for your replies guys

clockworks_2

N79 wrote: »

Well which is it - does company A or John hold the deposit. If company A then contact the administrators and register as a creditor (if it is not to late) although it is almost certain that the deposit is lost. Was A a ltd company? If John then LBA and then off to the small claims court.

What's an LBA?

princeofpounds

Letter before action.

The point above is that you need to be clear exactly who your landlord is. If it is the limited company then you need to list as a creditor and you probably won't have much luck.

If it is this John guy, then whatever happened to his company doesn't matter, you can pursue him direct through the small claims court. A letter before action is simply a letter notifying of an intention to go to the small claims. It looks bad at court if you haven't done it.

Who your landlord is is not necessarily defined by who owns the building. Who did you pay rent to and who signed the agreement and in what capacity?

I'm not 100% sure of this, but if John was signing as a company, but that company was a simple sole trading enterprise, then I think it's as if he was signing it himself (there is no limited liability).

N79

princeofpounds wrote: »

I'm not 100% sure of this, but if John was signing as a company, but that company was a simple sole trading enterprise, then I think it's as if he was signing it himself (there is no limited liability).

That is my understanding. A sole trader does not have a seperate legal entity from the individual.

I think the OP is confused as to who their LL is and until the OP resolves this it is impossible to know how they should proceed.

clockworks_2

Just an update , he was signing the agreements on behalf of his limited company, which wasn't trading at the time and had been dissolved.

This is so complicated:mad: