Property Repossession Order

sam_car

Hi all

A property is owned by person A. A is the wife of person B who is the director of a limited company. This company is the landlord of person A’s property. 

This property is rented out on an AST which clearly states this limited company is the landlord. 

The landlord is taken into administration but the administrators states the property does not fall into their remit.

The tenants are several months later served with notice of appointment of fixed charge receivers as person A has fallen behind with their mortgage payments. 

The fixed charge receivers state they are taking over the shoes of the landlord and the tenants should pay them the rent going forward. 

What legitimacy does the fixed charge receivers have under S101 LPA to do this since the landlord is in administration? 

Thanks

MWT

You need proper legal advice to answer this and it is certainly outside the scope of this particular forum.

...I suspect the answer is going to depend on how well the appointment of the limited company as 'Landlord' was established in the first place...

... are they merely acting as an agent, or was the property leased to the limited company with a signed and legally binding lease notified to and approved by the mortgage lender?

 

sam_car

Thank you for the feedback.

I’m meeting with a solicitor on 22nd April and I’ll mention this to them.