Commercial property advice - liquidator has dumped his assets on land i pay for.

wez130

wez130

wez130

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31 Jan 2004
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Matakana New Zealand
Long story short, with the restaurant i run, i have 2 other areas of land surrounding the car park, there were originally 2 properties to let on the site, my restaurant and a brewery, the same liquidator was dealing with both, the 2nd property has now been leased on condition that all chattels (assets) are removed, the liquidator has dumped them on land that we are paying for in our annual lease. We have emailed him and asked him to remove the assets by 14th February or we will start charging him to sub lease the land. We set a price of 20% of what we pay as he is using about 20% of the land we lease.
He has just emailed back and declined our offer and said he will move the stuff off our property but he is on annual leave now. We've been waiting 5 months for him to move 3 large vats off the property, and we struggle to get hold of him when we need to.

We want to start doing something with the land now but we can't as he is using it without our permission and i don't know what rights i have or how to get him to move the stuff. We've had a huge company approach us about the possibility of using some space for office space for a big road works company and we can't give them an answer so we'll lose out on that.

Before i start paying for legal advice, i wondered if anybody had any suggestions of what we could do? Do we have any rights with the landlord and our lease as we are not getting what we are paying for etc.

Any suggestions?
 
I guess most advice here wont apply over there.

Best thing I guess ring him up and give him a firm date its to be gone by or you'll be "disposing" of them yourself (realistic?) or offering them free to collector.
 
Since he moved them from the second property in the first place why not just move them back there, perhaps more of an incentive for him to come and pick them up then!
 
The second property is now let to a couple we actually know so that's not an option.

I kind of figured that things might be different here to there. I've now called my lawyer anyway and awaiting his instructions.
 
If you're currently losing 20% of the square yardage of the property that you lease, then like you've already offered, charging him 20% seems a reasonable cost. Conversely you could offer to pay 20% less on your lease until the land is freed up for your usage, like you pay for.

However, this is unlikely to be advised. A letter from your lawyer (with prejudice) is likely to be the next step - emails from you he can dismiss, but a formal request from a lawyer he's probably going to take more seriously.
 
-westy- said:
If you're currently losing 20% of the square yardage of the property that you lease, then like you've already offered, charging him 20% seems a reasonable cost. Conversely you could offer to pay 20% less on your lease until the land is freed up for your usage, like you pay for.

However, this is unlikely to be advised. A letter from your lawyer (with prejudice) is likely to be the next step - emails from you he can dismiss, but a formal request from a lawyer he's probably going to take more seriously.
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that is exactly what i've done, and my lawyer has executed, he has given him until 12th feb to remove his belongings or face high court, which, surely, should be an open and shut case!
 
wez130 said:
that is exactly what i've done, and my lawyer has executed, he has given him until 12th feb to remove his belongings or face high court, which, surely, should be an open and shut case!
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That's Tuesday isn't it? So, 2 business days? I like the cut of your lawyer's jib! It's shock and awe and I love it but don't end up in the High Court - best avoided, really. If you do end up there, I'll meet you for lunch.

Hyburnate said:
I'd just start sending invoices.
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A busy fool is a happy fool :)
 
[FnG]magnolia said:
That's Tuesday isn't it? So, 2 business days? I like the cut of your lawyer's jib! It's shock and awe and I love it but don't end up in the High Court - best avoided, really. If you do end up there, I'll meet you for lunch.


A busy fool is a happy fool :)
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It works though, it's our company policy, your account falls overdue? Oh you've done this before? Here's your interest at 8% + base rate. Soon gets invoices paid and it doesn't happen again.
 
[FnG]magnolia said:
That's Tuesday isn't it? So, 2 business days? I like the cut of your lawyer's jib! It's shock and awe and I love it but don't end up in the High Court - best avoided, really. If you do end up there, I'll meet you for lunch.
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What are you on trial for?
 
If the liquidator belongs to a professional association, get in touch with them and see what they say
Assuming they do belong, it's very likely that they'll have to be carrying some form of insurance and potentially have it registered with the association
You could say you want to make a claim but the liquidator is being unco-operative and you need the name of the insurer and policy number to start a claims process

At a minimum they are almost certainly licensed in some way - why not contact the licensing authority
 
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