PDA

View Full Version : Assured short hold tenancy



Barnacle Boy
20-12-2011, 23:07 PM
Hi I would appreciate some advice.
I signed a tenant onto a AST 6 month agreement. The form I used states that I am referred to as the landlord. This is fine apart from the fact I am an agent in this case, not the actual landlord. My question is if I have to evict the tenant would I need to fill in Landlords details for court order or should I use my own name in this instance?


Many Thanks

ram
20-12-2011, 23:24 PM
My question is if I have to evict the tenant would I need to fill in Landlords details for court order or should I use my own name in this instance?
Many Thanks

from memory, Only the Landlord can evict tenants, and he has to do all the
evicting, as Agents are not allowed, so the question does not arrise.

You can of course do all the letters about rent arrears, taking them to
court letters etc etc.
It's the landlord that evicts, as you do not own the property.
If your contract says you will initiate court proceedings, then the Landlords
details must be on the court papers, of course, not your details.

R.a.M.

Snorkerz
21-12-2011, 08:35 AM
I agree ram, but BB has entered a contract as landlord even though he presumably wasn't authorised to do so.

An interesting proposition as the relationshp could leave BB open to liability for unpaid rent (ie he is the true landlords tenant).

I suggest that as the landlord of the problem tenant, BB needs to evict him in his name.

2 relatively experiencd replies, 2 different answers, I suggest BB takes this thread to a specialist L&T solicitor (not your average high street solicitor) for advice.

jjlandlord
21-12-2011, 08:41 AM
If I recall correctly old-ish threads on the topic of agents putting themselves as landlord on contracts, Jeffrey mentioned that if you put yourself down as landlord on the tenancy agreement then you are the landlord, with all the responsibilities.

Indeed, OP should seek advice, including the correct procedure to remove himself as landlord (letter of authority and correct notices from new landlord).

ram
21-12-2011, 09:14 AM
Indeed, OP should seek advice, including the correct procedure to remove himself as landlord (letter of authority and correct notices from new landlord).

I have also read on these posts that
1) A letting agent can sign as being the landlord ( acting on behalf of )
2) But a letting agent cannot be part of the court process, and the
landlord is the one who must attend court as the property owner.

http://www.landlordzone.co.uk/forums/showthread.php?39802-Tenant-under-Section-21-notice&p=318137#post318137
Your agent cannot attend court on your behalf ( landlord ) as they
are not a solicitor, however they can attend with you and speak on your
behalf ( landlord ).

You may be the landlord on the AST, but it is not the agents property to
demand eviction from.

R.a.M.

jjlandlord
21-12-2011, 09:22 AM
I think one must not confuse the agent signing and acting on behalf of the landlord and the agent actually becoming in practice the landlord through being named as landlord on the tenancy agreement.

If agent is the landlord on AST, then agent is the landlord. Being the landlord does not necessarily require being the actual owner of the property, imo.

ram
21-12-2011, 10:02 AM
If agent is the landlord on AST, then agent is the landlord. Being the landlord does not necessarily require being the actual owner of the property, imo.

the question was :-
if I have to evict the tenant would I need to fill in Landlords details for
court order or should I use my own name in this instance?

will assume, and others will correct me, that the agent may apply to
the courts, but on behalf of the owner of the property, but stating the
name of the owner ( True landlord ).
Remebering item 2 in post 5
"Your agent cannot attend court on your behalf ( landlord ) as they
are not a solicitor", therefore, it stands to reason, the landlords name must
be shown, but as stated, get paid for legal advice, as that's part of your
remit being a letting agent.

Maybe those who have gone through this process may answer in the future.

R.a.M.