Is a commercial landlord responsible for tenant debts?

Is a commercial landlord responsible for tenant debts?

0:06 AM, 16th June 2023, About 11 months ago 9

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Hi Property118 readers, I wonder if any commercial landlords can help me with a situation.

I own a freehold of a building with a tenanted commercial unit (I receive rent as the landlord) and 8 flats with different leaseholders (I collect annual Ground Rent as the freeholder). The flat leaseholders have created their own Right To Manage (RTM) company to manage the entire building.

The RTM Company has been sending utility bills and service charges demands directly to my tenant. My tenant has signed an agreement with the RTM company to pay directly to them.

My tenant has recently absconded and forfeiture of lease was done.

The tenant owes tens of thousands in service charges and utility bills to the RTM company. The RTM company has sent me a demand for these debts.

Do they have the legal right to force me to pay the outstanding debts owed by the tenant?

I did not sign any agreement with the RTM company and all utility bills are in the name of RTM company.

Thank you very much for any advice or opinion given.

Terence


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Comments

T C

10:40 AM, 16th June 2023, About 11 months ago

Hope some experienced commercial landlords can provide some insight into my current predicament. Thanks!

Pete England - PaTMa Property Management

11:01 AM, 16th June 2023, About 11 months ago

I would think it would be unlikely that a court would hold you responsible for the Tenant debt, but interested hear what others say. What does your commercial lease say who it responsible for utilities?

T C

11:02 AM, 16th June 2023, About 11 months ago

Hi Pete, the lease says the tenant is responsible.

Julesgflawyer

11:37 AM, 16th June 2023, About 11 months ago

Do you have an agreement with the RTM company saying that you'll indemnify them in respect of all or any specific sums due to them from anyone else, eg your commercial tenant? If not, I can't see it's your problem.
Different if the unpaid charges relate to period after the commercial lease was forfeited, when your commercial tenant's obligations all came to an end. I wonder if this is what has happened?

T C

11:42 AM, 16th June 2023, About 11 months ago

Hi Jules, I can confirm that I do not have any direct agreement with the RTM company. The historical unpaid charges were due well before the lease was forfeited less a week ago. The RTM company has been chasing up the debts with the tenant for the past few years. I just wanted to know if there is any legal action the RTM company can take against me for the unpaid debts incurred by the tenant. Thank you

Graham Calvert

11:46 AM, 16th June 2023, About 11 months ago

A professionally drawn up lease agreement will cater for any debts incurred by the tenant

T C

11:56 AM, 16th June 2023, About 11 months ago

hi graham there is a properr lease agreement but my concern is whether the RTM company has any legal right to bill me directly for tenant's historical debt

Julesgflawyer

12:37 PM, 16th June 2023, About 11 months ago

Reply to the comment left by T C at 16/06/2023 - 11:42
Obviously this isn't "advice" but it seems to me that the RTM company has misunderstood the legal relationships of the various parties in a pretty fundamental way. You might ask them (politely) to explain why and on what basis they think these debts are due to them from you. Depending on the reply you might want to take proper legal advice.

T C

12:49 PM, 16th June 2023, About 11 months ago

Reply to the comment left by Julesgflawyer at 16/06/2023 - 12:37
Thank you very much Jules. Please rest assured your comments do not constitute legal advice to me. I am grateful for your feedback!

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