Rent deposit return to liquidated company?
Discussion
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I act for a landlord who had consented to an assignment of a lease to a limited company, with the two directors acting as sureties for the company. The lease relates to commercial premises. As a condition of the licence to assign the company deposited a sum equal to 12 months rent to be held under the terms of a rental deposit deed.
The company has gone into liquidation. I am unsure as to whether the liquidation will affect the rental monies held under the rental deposit deed, or whether the liquidator will be able to claim on these monies as part of his remit to pay any other creditors of the company.
Any help on what to do with the deposit money?
I act for a landlord who had consented to an assignment of a lease to a limited company, with the two directors acting as sureties for the company. The lease relates to commercial premises. As a condition of the licence to assign the company deposited a sum equal to 12 months rent to be held under the terms of a rental deposit deed.
The company has gone into liquidation. I am unsure as to whether the liquidation will affect the rental monies held under the rental deposit deed, or whether the liquidator will be able to claim on these monies as part of his remit to pay any other creditors of the company.
Any help on what to do with the deposit money?
- Im in a very similar predicament so I’m eagerly awaiting responses to see what happens with the deposit money*
Edited by keemaklan on Thursday 7th March 19:01
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