UK Property Law
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Hi, Thank you for your question and welcome. Are you exercising your rights under Gibraltar Law or under English Laws that allow for a lease extension? How many flats are in the block? Kind regards AJ
Hi, Thank you. The liquidators are the guardians of the company assets, have you approached them about agreeing a new lease?
Hi, Thank you. The liquidators will be able to give you a lease extension and negotiate over the price as long as it is in the best interests of the company creditors. You have to accept that (a) They may require an indemnity from you in respect of any claims or issues over the papers work and (b) They wont give you any warranties. A proper liquidator (being Insolvency Practitioner should be comfortable negotiating with you. As a starting point have you taken any form of advice as to want a extension might cost?
Hi, Thank you. The struck off company is complicated, you would need to write to the Treasury Solicitor who is the guardian of assets that have transferred bona vacantia - https://www.gibraltar.gov.gi/new/treasury-department - any lease renewal would also then involve the Treasury Solicitors consent. I would ask the liquidator if they would be prepared to agree a renewal where the Treasury Solicitor supports such an action? Kind regards AJ
Hi, Thank you. Liquidation normally ends with dissolution or striking off. Who applied for the strike off?
Hi, Thank you. If the company was dissolved then they do transfer bona vancatia, the issue is if the liquidators apply to restore the company they could then try and challange anything signed by the treasury solicitor. Will liquidators seek to have the company restored or are they not contesting it? Kind regards AJ
Hi, Thank you. It should not go on for years, but you at least need to find out what the liquidators intentions are - do they intend to appeal?