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Prepacked administration and place of work

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  • Prepacked administration and place of work

    My employer has went through prepacked administration and immediate sale and transfer, to avoid rent liability on commercial lease transferring to new employer. My understanding is that lease effectively terminates and new employer would have no right of entry, yet employees are being told to continue to use building as place of work, for 10 days or so, to allow assets to be removed. Could I personally be breaking the law by entering building? I do not know if landlord is as yet aware that the legal entity undertaking lease, a UK Ltd company, has gone into administration.
    Tags: None

  • #2
    Do you know whether the lease has been assigned to the pre-pack buyer?
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    • #3
      Lease definitely not assigned to pre pack buyer. Buyer refused to buy with lease, cost of rent was deal breaker that forced this course of action.

      Comment


      • #4
        Is it your new employer who has not taken on the lease asking you to attend that site?

        I am not sure this is an employment question but my view would be that if the new employer does not have a lease and therefore does not have permission for access, then business cannot be carried on from these premises.

        Tag atticus - can you assist on this one?
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          I agree with ULA in not understanding why you are being asked to attend these premises if they are not being taken on by the buyer. Might there be some short term arrangement?

          You ay ask what is going on.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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          • #6
            Originally posted by atticus View Post
            I agree with ULA in not understanding why you are being asked to attend these premises if they are not being taken on by the buyer. Might there be some short term arrangement?

            You ay ask what is going on.
            Isn't the OP being asked to attend in order to remove from the premises "assets" that used to belong to the old employer and have now been bought by the new employer?

            The OP is concerned that in the circumstances (their new employer has not taken over the lease) that he no longer has authority to enter the premises and may be breaking some law if he does so.

            The OP might feel that if he does ask what is going on, that he might not get a truthful answer...(?)

            Comment


            • #7
              If the old employer has given up the right to the lease and the new employer has not taken it on then what springs to mind is the landlord saying anyone on the site is trespassing. The landlord may have given permission for people to enter to remove assets but I think that needs to be confirmed.
              If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment


              • #8
                In the absence of information, all we can do is speculate.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  There might be several very good reasons why the landlord be extremely unhappy about stuff being removed from the premises if the tenant is in administration...

                  Comment

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