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CCJ on Dormant Companies

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I have a new client who signed a commericl lease for a property.  The heads of terms stated the landlord was X Ltd but in the actual lease the landlords are actually A Ltd & B Ltd.  Upon receiving the keys and going to the property he was met with the office ceiling on the floor as the roof had collapsed.  He notified the landlords agent and arranged for a builder to come and clear up the mess for which the landlords agent assured him he would be reimbursed and they would send a roofer round to repair the roof.  Fast forward 10 months and the roof has still not been repaired so he handed back the keys.  He paid the builder and the non domestic rates for the 10 months without being able to use the property.  The landlord then issued proceedings through the County Court for non payment of rent, client counter claimed for builders costs & rates.  Judge agreed with client and threw their claim out and awarded him the full amount plus costs.

This is when he brought it to me and asked for help on what to do next so I went to companies house to find information on A Ltd & B Ltd and companies house says they are active but dormant, accounts filed show the only asset as £1 share capital but they both have outstanding mortgages/debentures for various properties listed in the charges?

Is this one for the solicitors as Im totally out of my depth now and I dont want him to waste any more money pursuing ghosts?

Many thanks

Replies (7)

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RLI
By lionofludesch
20th Mar 2018 11:46

How old are the accounts ?

I'd suggest that you're right - it's probably one for the solicitors. There seems to be a bit of a maze here.

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Replying to lionofludesch:
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By carynw
20th Mar 2018 12:00

Last set of accounts was upto 31 July 2016 filed 28 April 2017 so another set due shortly but I dont understand how they can have mortgages etc on properties when they have nothing in their balance sheet?

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Replying to carynw:
RLI
By lionofludesch
20th Mar 2018 12:01

A lot can happen in 20 months.

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Hallerud at Easter
By DJKL
20th Mar 2018 12:31

Notifications to Co Hse re security discharges can be notable by their absence, people just forget to do them so the charges could still be on Co Hse but in reality they have been discharged. Looking at older accounts for the company did it ever have an ownership interest in the property that your client leased from it?

One avenue ,if England has equivalent to the Scottish Assessors website, is to see who is now listed as owning the property.

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Replying to DJKL:
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By carynw
20th Mar 2018 12:47

The company was registered in 2004 and has filed dormant accounts ever since.

The charge on the property was created in 2011 and the lease signed in 2015.

It doesn't look the company has ever traded which is why I cant understand how it can have a mortgage/charge on a property and issue a lease on said property?

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By bernard michael
20th Mar 2018 13:47

The lender can tell you. Perhaps the loan came from a connected party

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Replying to bernard michael:
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By carynw
20th Mar 2018 13:55

Charge is by Santander UK plc so you'd hope that its all legal and above board?

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