property in receivership

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  • #38940
    Anonymous
    Guest

    Comme ca va mes amis,

    i have this problem – we are paying hb for a property that is in receivership and therefore we are paying hb to the receivership firm and not the landord. the landlord has made an appeal against this decision as he is stating that he has a portfolio of of about 8 properties that are in receivership, but the property in question that we are paying hb for, is not in arrears.

    i have contacted the receivership company and they have confirmed that the property in question is not in arrears, but state all his other properties are and for that reason all his properties will remain in receivership and wish all hb to still go to them.

    i cant find any legislative direction on this one, and i am a bit conflicted as the property that we are paying hb for is not in arrears, so strictly speaking, could i pay hb to the landlord – however his property remains in receivership – this must have a legal implication for who i pay, as concievably the property could be sold to address his outstanding debts

    any ideas – please help :hat:

    #110266
    Kevin D
    Participant

    I would suspend further payments, process the appeal as an URGENT case to TTS (don’t laugh…) and include the clmt, the LL AND the receivers as all being persons affected and, as such, parties to the appeal. There isn’t any point in changing the payee; it appears the other will appeal in any case. So, may as well get it sorted at FtT.

    One piece of information I would try and obtain from the receivers is any LEGAL provision/basis they are relying on to insist on payment to them.

    #110267
    Anonymous
    Guest

    hey Kev,

    that makes total sense, as both parties are very adversial and will contest any decision i make

    many thanks

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