Liquidators rights of access.

[Foregoneconclusion]

Evening all.

For the last few years i have been providing a mud berth for a concrete research barge .

This was modified at huge expense (european money) to do research into renewables.

However the company that owns it failed to pay us rent..after alot of legal activity.. and also failed to pay other creditors once the period of research ( 2 years) had ended.

They were forced into liquidation.

However we have the barge on our mud berth ..which is our "land" not crown estate. Any and all access to this vessel requires crossing our land and will require significant resource to secure it from its location.

We are determined that we should get some recompense.. but we are a small creditor.. (but still north of 20k) and the barge is the only asset.

I'm trying to figure a way to extract some value from this.. i'm thinking along the lines of a nominal access fee.. but can i actually stop the liquidators accessing the item which is on my property?

ideas please?

 

[PI Stsker]

In short yes you can stop all access aslong as they can’t just step over a gate/fence, so the fence and gate would need to be substantial.
As you have potentially the only asset of any size the company has you hold the cards, so don’t get bullied in to handing anything over.

the other option you have, which is probably the easier one and potentially come out of it better financially is one evening go down there quietly and ‘repo’ anything you can, anything that isn’t bolted down and holds any value.

 

[Bongodog]

From the day of the receivership any trent due is an administration expense and payable prior to distribution of any money to the creditors, thus you are fully entitled to full rent from the date of receivership, but prior you are just in the queue with everyone else. Surely if its on a berth they just turn up with a tug at high tide and take it away without treading on your land ?

 

[soapsud]

I just googled:
"Can I sell my commercial tenant's assets that have been abandoned in lieu of rent"

And then googled:

"Can I prevent a court appointed liquidator assigned to recover assets to recompense the list of creditors of a bankrupted company"

Neither set of results would stand you in good stead.
Good Luck.

 

[box]

You won't get anything out of anyone and your 20 grand is as good as dead in my opinion. Put it down to experience.

Liquidators have no legal right to access the asset via your land, but that won't stop them.

Cut the f*cking thing up with a gas axe at night and send it off for scrap. Must be some good steel in it worth keeping.

 

[Foregoneconclusion]

From the day of the receivership any trent due is an administration expense and payable prior to distribution of any money to the creditors, thus you are fully entitled to full rent from the date of receivership, but prior you are just in the queue with everyone else. Surely if its on a berth they just turn up with a tug at high tide and take it away without treading on your land ?

Its a man made entrance so I can block it..if I wish..

I was wondering about the rent since receivership..

Thankyou

 

[ISCO]

Did the company have a lease providing access? If so the liquidator may be able to exercise the right of access.
If no lease how was the occupation documented?

 

[scottrac]

ring your solicitor
a local mercedes dealership went bust owing me 15k and i had an emergency ambulance of theirs on site,rang my solicitor who said i can keep the ambulance for the £50 that job owed only and was i prepared to take an emergency ambulance off the road on a friday afternoon!!
I didn't obviously

 

[Bongodog]

Its a man made entrance so I can block it..if I wish..

I was wondering about the rent since receivership..

Thankyou

I would say that being a good person you should of course block the entrance to prevent anyone stealing the barge. The fact that the liquidators would then need to speak to you before they move it is quite coincidental

 

[alex04w]

You cannot claim a lien on the boat against the unpaid rent.

Not can you do anything that appears to be a lien in disguise - you cannot mention an 'access' fee and outstanding rent in the same phrase.

The liquidator is the company, not a different entity to the company. If you had a contract with the company which allowed access, the the liquidator has that right now and can freely exercise it

If your contract had a clause in it that means access ceases if the rent is not paid, or ceases if the company goes into liquidation, then you can charge the liquidator an access fee. This fee can be as steep or expensive as you like!

How good are your negotiating skills!!

 

[Yale]

Sell it to the pikeys for cash to be scrap.

 

[suffolksmallholder]

Many yacht clubs started in a concrete barge.
It has a value to someone, depending on its condition and location.
There’s not a lot of metal in them coz they’re concrete!
Guy Maunsell was the innovator in floating concrete. His WW2 steel forts still stand in The Thames Estuary and SeaLand is one gun emplacement made famous as it became a Principality.
SS