PDA

View Full Version : who can sue?



icedfusion
16-03-2010, 20:26 PM
If a property is jointly owned by two people, such as myself and my partner and it is rented out to a T with only my partners name on the T agreement.

Can I take the T to the small claims court for rent arrears or can only my partner as it is her name on the T agreement do this?

Cheers

ice.

jeffrey
16-03-2010, 20:29 PM
If your partner ill-advisedly let in his/her sole name, only he/she is L (from T's point of view) and could sue T. You cannot.
Why on earth was the error made, though?

mjbfire
16-03-2010, 20:51 PM
jeffrey is right as far as the T is conserned everything must be in her name, but I believe if you have her agreement, you can represent her in court.

icedfusion
16-03-2010, 21:00 PM
Thank you for the quick responses.

Usually it is both our names on the agreement. However, a mistake was made when issuing this particular T with this agreement (it was a working template) and was not noticed until the T brought some points to our attention.

Does my partner have to be in court or can i do it all in her name and attend by myself?


Cheers

ice.

westminster
17-03-2010, 00:23 AM
See the Civil Procedure Rules, Practice Direction 27, paragraph 3.2

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part27.htm#id3585830

johnboy
17-03-2010, 06:27 AM
I see no reason why you couldnt just write to the tenant stating that to comply with s48 of the L & T act your landlord(s) are now xxxxxx & xxxxxxx
and the address for the serving of notices in England & Wales is xxxxxxxxx.

Post by recorded and proof of postage.

You can use this method when there is a change of ownship and therefore change of landlord but dont want to issue a new contract to the tenant so I see no reason why it couldnt be used to add a landlord.

icedfusion
19-03-2010, 22:22 PM
Thanks for the link westminister, will give that a read.

@ JohnBoy - The 'T' is no longer our 'T' so I am not sure what effect sending a letter informing him of change of landlord would do - granted, i did not mention this previously, but thanks for mentioning it as it could well be something we should know about for future reference.


Cheers

ice.